Harper

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DARCY HARPER, 1:18-cv-00562 LJO SKO

MEMORANDUM DECISION AND

Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION FOR SUMMARY

v. JUDGMENT AND DENYING

PLAINTIFF’S CROSS-MOTION

COUNTY OF MERCED, et al., (ECF NOS. 38 & 39) Defendants.

I. INTRODUCTION

This case concerns the alleged use of excessive force against and failure to reasonably

accommodate Plaintiff Darcy Harper (“Plaintiff”) on June 6, 2014 during the course of his arrest.

Plaintiff brought this action pursuant to 42 U.S.C. § 1983 in April 2018 against the arresting officer,

Merced Police Officer Nathaniel McKinnon (“Officer McKinnon”), the City of Merced (the “City”), and

the County of Merced (the “County”). The Court, on November 8, 2018, granted Defendants’ motion to

dismiss all claims against the County and the Monell claim against the City. ECF No. 22. Even though

Plaintiff was afforded leave to…