Duarte

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

12 13 FRANCISCO DUARTE and No. 2:19-cv-00007-MCE-CKD ALEJANDRO GUTIERREZ,

Plaintiffs,

MEMORANDUM AND ORDER

v. CITY OF STOCKTON, STOCKTON

POLICE DEPARTRMENT, ERIC

JONES, KEVIN JAYE HACHLER (1641); ERIC B. HOWARD (2448); MICHAEL GANDY (2858); CONNER

NELSON (2613); SGT. UNDERWOOD,

and DOES 1-50, Defendants. 22 Through the present lawsuit, Plaintiffs Francisco Duarte and Alejandro Gutierrez 23 (collectively “Plaintiffs” unless otherwise specified) allege they were wrongfully arrested, 24 and subject to excessive force in the process, by members of the Stockton Police 25 Department. Plaintiffs’ operative pleading the First Amended Complaint (“FAC”) names 26 both the City of Stockton and the Stockton Police Department as Defendants, along with 27 Officers Eric Jones, Kevin Hachler, Eric Howard, Michael Gandy, Conner Nelson and 28 Sergeant Underwood. The FAC includes four separate claims for violations of 42 U.S.C. § 1983, as well as federal substantive due process claims on grounds that the police…