Russell

Background 24 On December 21, 2023, Plaintiff Terrance Russell (“Plaintiff”) filed a § 1983 civil 25 rights complaint against Defendants City of San Diego, San Diego Police Department 26 Officer L. Fanlo (“Officer Fanlo”), and David Nisleit, Chief of San Diego Police 27 Department (“Chief Nisleit”) (collectively “Defendants”). (Dkt. No. 1-2, Compl.) 28 Plaintiff, a disabled Black man, alleges that on August 15, 2022, around 8:22 p.m., he was watching the sunset at Pacific Beach. (Id. ¶¶ 9,10.) Plaintiff was behaving lawfully when Officer Fanlo and a Doe Officer (“Defendant Officers”) approached Plaintiff. (Id. ¶ 11.) One officer asked Plaintiff, “You starting fires around here, Black man?” (Id.) Plaintiff told them he was only watching the sunset and began walking away from Defendant Officers. (Id. ¶¶ 11, 12.) Defendant Officers then “grabbed” Plaintiff, ignored his demands to “let him go,” forced him to the ground while twisting his arm and wrist, and struck him. (Id. ¶ 12.) He was detained for “some time.” (Id.) Eventually, a Doe Sergeant arrived and informed Plaintiff that the situation was a misunderstanding. (Id. ¶ 13.) …