Larios

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 14 TIMOTHY LARIOS, No. 2:15-cv-02451-JAM-DMC Plaintiff, v. ORDER GRANTING IN PART

DEFENDANTS’ MOTION FOR SUMMARY

SCOTT LUNARDI, KYLE FOSTER, JUDGMENT

ROBERT J. JONES,

19 Defendants. 20 In November 2015, Plaintiff filed a two-count complaint against Joseph Farrow, the Commissioner of the California Highway Patrol (“CHP”) and five CHP officers: Scott Lunardi, Mel Hutsell, T. A. Garr, Kyle Foster, and R. J. Jones. Compl., ECF No. 1. He alleged Defendants violated his rights under Section 1983 and California Civil Code § 52.1 (“Bane Act”). The complaint set forth several theories of liability on each claim, alleging violations of the First, Fourth, Fifth, Sixth, Ninth, and Fourteenth Amendments. Compl. ¶¶ 34-40. Defendants’ motions to dismiss narrowed the scope of litigation. See ECF Nos. 12, 15, 24. The Court dismissed all of Plaintiff’s claims against Lunardi, Foster, and Jones except the Bane Act and Section 1983 5 …