Aubuchon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GRANVILLE WILLIAM SMITH, IV, No. 2:14-CV-0775-KJM-DMC-P Plaintiff, v. FINDINGS AND RECCOMMENDATIONS B. AUBUCHON, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is defendants’ motion for summary judgement. See ECF No. 129. 20 I. PLAINTIFF’S ALLEGATIONS This action proceeds on plaintiff’s fourth amended complaint. See ECF No. 75. On January 4, 2011 plaintiff was engaged in a chase with two police officers, defendants Aubuchon and James, who suspected plaintiff of having conducted an armed bank robbery earlier that day. Plaintiff was peddling on a bicycle while the officers followed on motorcycles. According to plaintiff, at some point officer James rode up alongside plaintiff and shoved him on the shoulder, causing plaintiff to fall headfirst over his bicycle. As he attempted to orient…