Weaver

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 JAMES WEAVER, JR., on behalf No. 2:20-cv-00990-JAM-EFB of himself individually and as guardian for his two children, JW III, a minor child and LW, a minor child ORDER GRANTING IN PART AND and JAMES WEAVER SENIOR, on DENYING IN PART MOTION TO behalf of his granddaughter, DISMISS AND DENYING MOTION TO JW a minor child, STRIKE 16 Plaintiffs, 17 v.

CITY OF STOCKTON, STOCKTON

POLICE DEPARTMENT, KEVIN HACHLER, ERIC JONES, and DOES 1 to 50, Defendants. 22 On May 25, 2019, an off-duty Stockton Police Department Officer, Kevin Hachler (“Officer Hachler”), arrested James Weaver (“Weaver”), a Black man, at gunpoint while in the car with his two children and niece (collectively “the children”). Weaver then filed suit, on behalf of himself, as guardian for his two children, and with his father, James Weaver, Senior, as guardian for his niece (collectively “Plaintiffs”). Plaintiffs are suing Officer Hachler, the Stockton Police Department, its Police 3 …