Burt
Jamel Burt v. Nicolai Ramos, in his individual capacity; County of San Diego; Michael Alcarion, in his individual capacity; and Does 1–5
Opinion
Trial Court Opinion
I. FACTUAL ALLEGATIONS
10 The Court takes the alleged material facts as true and construes them in the light 11 most favorable to Plaintiff. Stoner v. Santa Clara Cnty. Off. of Educ., 502 F.3d 1116, 1120 12 (9th Cir. 2007). Plaintiff alleges that on December 18, 2022, Ramos conducted an investigative traffic stop in San Diego County involving Plaintiff as the passenger of the vehicle. [FAC ¶ 1.] During that stop, Plaintiff claims that he was handcuffed and viciously slammed into the concrete because, according to him, Plaintiff refused to answer Ramos’s questions. [See id. at ¶¶ 2–3.] Specifically, Plaintiff alleges that Ramos “use[d] . . . excessive and 19 unnecessary force includ[ing], but . . . not limited to: grabbing and jerking the handcuffed 20 Plaintiff and slamming him face first into a concrete sidewalk, knowing that [Plaintiff] was 21 handcuffed behind his back and unable to break his fall.” [FAC at ¶ 47.] According to the 22 complaint, Ramos’ conduct resulted in two broken teeth, a sprained right shoulder, wrist 23 sprains, and contusions on Plaintiff’s chest wall and right foot. [FAC at ¶¶ 29–30.] 24 Plaintiff also alleges the…