Calhoon

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYNE CALHOON, No. 2:19-cv-02165-KJM-JDP 12 Plaintiff, 13 v. ORDER 14 CITY OF SOUTH LAKE TAHOE, et al., 15 Defendants. 16

17 18 Defendants City of South Lake Tahoe Police Department (“Police Department”), 19 City of South Lake Tahoe (“City”), and individually named defendant police officers (collectively 20 “police officers”), move to dismiss plaintiff Wayne Calhoon’s first and second claims against all 21 defendants and all claims against the Police Department. Mot. to Dismiss (“MTD”), ECF No. 15, 22 at 2. Plaintiff filed an opposition. Opp’n, ECF No. 19. Defendants replied. Reply, ECF No. 23. 23 The court heard argument on May 15, 2020, with Edwin Bradley appearing for plaintiff and 24 Beverly Roxas appearing for defendants. Hr’g Minutes, ECF No. 24. For the reasons below, the 25 court DENIES in part and GRANTS in part defendants’ motion to dismiss. 26 I. BACKGROUND 27 On October 14, 2018, plaintiff, a friend and the friend’s two…