Barber
Barber v. City of Elk Grove
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 JAMES BARBER, an individual,
Plaintiff, No. 2:24-cv-01913-TLN-AC
12 v. ORDER CITY OF ELK GROVE, a California governmental entity; ELK GROVE POLICE DEPARTMENT, a California governmental entity; CODY NGUYEN; BRYAN GATES; and DOES 1 through 10, inclusive,
Defendants.
19 This matter is before the Court on Defendants City of Elk Grove (“the City”), Elk Grove Police Department (“Police Department”), Cody Nguyen (“Nguyen”), and Bryan Gates’s (“Gates”) (collectively, “Defendants”) Motion to Dismiss. (ECF No. 4.) Plaintiff James Barber (“Plaintiff”) opposed the motion. (ECF No. 6.) Defendants replied. (ECF No. 8.) For the reasons set forth below, Defendants’ motion is GRANTED. /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND The instant action arises out of an alleged altercation between Plaintiff, Nguyen, and Gates during a traffic stop. (ECF No. 1 at 5.) On July 28, 2023, at or near the…