Hamilton

PROCEEDINGS: ORDER DENYING DEFENDANTS’ MOTION TO DISMISS PORTIONS OF PLAINTIFF’S FIRST AMENDED COMPLAINT.

The Court, the Honorable Robert J. Timlin, has read and considered Defendants City of San Bernardino, San Bernar-dino Peace Officer Brennan, San Bernardi-no Peace Officer Green, San Bernardino Peace Officer Johnson, San Bernardino Peace Officer Lewis, and Does 1 through 10 (“Defendants”)’s motion to dismiss portions of Plaintiff La France Hamilton (“Plaintiff’)’s first amended complaint (“FAC”) under Federal Rules of Civil Procedure, Rule 12(b)(6) (“Rule 12(b)(6)”) for failure to state a claim, Plaintiffs opposition, Defendants’ reply, and Plaintiffs sur-reply. Based on such consideration, the Court concludes as follows:

I.

BACKGROUND

On March 3, 1999, Plaintiff, an African-American man, was stopped by San Bernardino Peace Officers Brennan and Green (“the officers”) while riding his bicycle. The officers, who were also riding bicycles, pulled Plaintiff off his bicycle, searched him and handcuffed him. One of the officers grabbed Plaintiff around the throat, kicked his legs out from under him, landed on top of him, and placed a knee in his chest while continuing to choke…