Vasquez

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JESUS VASQUEZ, by and through Guardian 1:19-cv-00327-LJO-JLT ad Litem, Christina Garcia, MEMORANDUM DECISION AND Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S v. MOTION TO DISMISS (ECF NO. 10)

RICHLAND SCHOOL DISTRICT, PAUL

MARTINEZ and DOES 1 to 10, inclusive,

Defendants.

I. INTRODUCTION

This case concerns claims brought by Jesus Vasquez, by and through his Guardian ad litem

Christina Garcia, of inappropriate and violent conduct by his fifth-grade teacher Paul Martinez, in

violation of 42 U.S.C. § 1983 (“§ 1983”) and California’s Bane Civil Rights Act, Cal. Civ. Code § 52.1,

and related claims of assault, battery, false imprisonment, and negligence against Paul Martinez,

Richland School District, and Does 1 to 10. ECF No. 6. The case was originally filed with the Court on

March 8, 2019, and an amended complaint was filed on April 25,…