Michelman

FACTS AND PROCEDURAL BACKGROUND

I. Facts1

A. The underlying assault In 2017, plaintiff was an Uber driver. Plaintiff had immigrated to the United States from Asia. On October 2, 2017, plaintiff picked up a passenger who appeared to be of Korean descent and who used the name “Maverick.” After plaintiff refused to use the passenger’s preferred route to his destination, the passenger started hitting the back of plaintiff’s head with his fist and, when plaintiff turned his head, landed a blow near plaintiff’s right eye and broke plaintiff’s sunglasses. When plaintiff called 911, the passenger hopped out of the car and fled on foot. B. Investigation and nonprosecution of passenger Two Los Angeles Police Department (LAPD) officers responded to plaintiff’s 911 call. The officers interviewed plaintiff about the incident, documented plaintiff’s injuries, and obtained from plaintiff the destination address the passenger had provided for his Uber ride.

These facts are drawn from plaintiff’s complaint.

2 In January 2018, the LAPD detective assigned to the incident, Fernando Pantoja (Pantoja), asked plaintiff to come down to the police station to see if plaintiff could…