Manlove

I. FACTUAL ALLEGATIONS

The Court takes the alleged material facts as true and construes them in the light most favorable to Plaintiff. Stoner v. Santa Clara Cnty. Off. of Educ., 502 F.3d 1116, 1120 (9th Cir. 2007). Except as noted below, the FAC alleges substantially similar facts to those in Plaintiff’s initial complaint. In the FAC, Plaintiff alleges that Defendant Gonzalez could clearly observe 4 Plaintiff’s movements as Defendant Olguin conducted the traffic stop. [FAC ¶ 17.] 5 Plaintiff asserts that “objectively unreasonable and unlawful excessive force was applied” 6 by Defendants Olguin, Alcarion, Kunz, and Gonzalez (“Deputy Defendants”) as he 7 attempted to exit the vehicle by his own volition. [Id. ¶ 21.] Plaintiff claims that a civilian 8 witness captured a video of the incident, and the video allegedly shows Defendant Olguin 9 “punch a non-resistant [Plaintiff] to the face at least 3 times causing bruising and bleeding 10 to [Plaintiff’s] face and nose.” [Id. ¶ 22.] According to Plaintiff, he was then “pinned and 11 brought down to the hard concrete by [Deputy Defendants].” [Id. ¶ 23.] 12 II. LEGAL STANDARD…