Arkin

BACKGROUND

19 Plaintiffs Assaf Arkin and Jennifer Hong are married, and they have filed this lawsuit against 20 the United States seeking to recover for injuries Arkin sustained after being hit by a car during a 21 high-speed vehicle pursuit initiated by Federal Protective Service (“FPS”) Inspector Charles 22 Clemons. Plaintiffs bring this lawsuit under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 23 1346(b), 2401(b), and 2671 et seq. 24 The following facts are alleged in the complaint. On or about 5:30 p.m. on May 4, 2023, 25 Inspector Clemons was on-duty and in uniform when he departed the Ronald V. Dellums Federal 26 Building located at 1301 Clay Street in Oakland, California, and drove in a marked FPS vehicle 27 towards the Coast Guard Base in Alameda. Compl. ¶ 14. At around 5:35 p.m., Inspector Clemons was stopped at a red light at the intersection of Embarcadero and Brooklyn Basin Way, which is in Oakland approximately 2.4 miles from the Dellums Federal Building, and not on or adjacent to any federal property. Id. ¶ 15. Inspector Clemons saw a 2004 Acura run a red light through the intersection, and he activated his emergency lights and…