Carrizales

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE “JOEY” CARRIZALES, an No. 2:25-cv-1243 AC individual, 12 Plaintiff, 13 ORDER v. 14 CITY OF VALLEJO, a municipal 15 corporation; VISHVDEEP GIRI, individually and in his official capacity as 16 an officer for the Vallejo Police Department; and DOES 1-25, inclusive, 17 individually, jointly, and severally, 18 Defendants. 19 20 This case is before the undersigned for all purposes pursuant to the parties’ consent. ECF 21 No. 13. Defendants have filed a motion to dismiss this case. ECF No. 9. Plaintiff opposed the 22 motion. ECF No. 15. Defendants replied. ECF No. 16. For the reasons set forth below the 23 undersigned recommends defendants’ motion to dismiss be GRANTED in pard and DENIED in 24 part. 25 I. Background 26 A. The Complaint 27 Plaintiff Joey Carrizales is an advocate for the unhoused community. ECF No. 1 at 1. On 28 July 31, 2023, 63 year-old Carrizales was protesting the eviction and displacement of unhouse 1 …