Michael Timothy Duran v. City of West Covina

I. INTRODUCTION & BACKGROUND

The Court finds this motion appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L-.R. 7-15. Accordingly, the matter is hereby taken under submission. On December 4, 2020, plaintiff Michael Timothy Duran filed this action against defendants City of West Covina, West Covina Police Department (“WCPD”), Ian Paparro, Chris Quezada, Chief of Police Richard Bell, and Does 1 through 40.! Dkt. 1 (“Compl.”). Plaintiff's complaint brings the following claims for relief: (1) excessive force, in violation of the Fourth and Fourteenth Amendments, pursuant to 42 U.S.C. § 1983; (2) denial of medical care, in violation of the Fourth and Fourteenth Amendments, pursuant to 42 U.S.C. § 1983; (3) municipal liability for unconstitutional custom, practice, or policy, in violation of the First, Fourth, and Fourteenth Amendments, pursuant to 42 U.S.C. § 1983: (4) battery, pursuant to Cal. Gov’t Code §§ 815.2, 830; (5) negligence, pursuant to Cal. Gov’t Code §§ 815.2, 830: and (6) violation of civil rights, pursuant to Cal. Civ. Code § 52.1(c). Id. J 26-89. Plaintiffs complaint alleges that, on November 7, 2019, he was shot…