Antquan Durpree Clay v. San Bernardino County

BACKGROUND

In 2016, Antquan Durpree Clay (“Plaintiff”) filed a civil rights action in this Court pursuant to 42 U.S.C. § 1983. See Complaint, Clay v. San Bernardino Cty., No. 16-01147 (C.D. Cal. June 2, 2016), Dkt. 1. After the Court issued multiple orders dismissing Plaintiff’s claims with leave to amend, Plaintiff filed a Third Amended Complaint (TAC). See TAC, id. (C.D. Cal. June 5, 2017), Dkt. 20. In the TAC, Plaintiff named as defendants San Bernardino County (“County”), John McMahon, Jane Doe, and E. Patino. See id. at 3-4. Plaintiff alleged that these defendants violated his rights during incidents that occurred on August 10, 2015, while he was a pretrial detainee at West Valley Detention Center (WVDC). See id. at 5-17. The Court dismissed Plaintiff’s California Penal Code Section 245(A)(1) claim with prejudice, dismissed Plaintiff’s remaining state-law claims without prejudice, dismissed Plaintiff’s federal constitutional claims against McMahon, Doe, and the County with prejudice, and ordered service of the TAC on Patino based on Plaintiff’s excessive force claim. See Report and Recommendation, Clay v. San Bernardino Cty., No. 16-01147 (C.D. Cal. Aug. 9, 2017), Dkt. 22…