Bagos

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGEL BAGOS, No. 2:20-cv-00185-KJM-AC 12 Plaintiff, 13 v. ORDER 14 CITY OF VALLEJO, et al., 15 Defendants. 16

17 Defendants City of Vallejo (“City”) and Chief of Vallejo Police Department 18 Andrew Bidou (“Chief Bidou”) (collectively “defendants”) move to dismiss or strike plaintiff 19 Angel Bagos’s second cause of action and to dismiss Chief Bidou, sued in his official capacity. 20 Mot. to Dismiss (“MTD”), ECF No. 4, at 1. Plaintiff filed an opposition to defendants’ motion. 21 Opp’n, ECF No. 7. Defendants replied. Reply, ECF No. 10. The court heard oral argument, held 22 23 by videoconference in light of the novel coronavirus pandemic, on May 15, 2020, with Patrick 24 Buelna appearing for plaintiff and John Robinson appearing for defendants. For the reasons 25 below, the court GRANTS in part and DENIES in part defendants’ motion. 26 27 28 1 I. BACKGROUND 2 On August 24, 2019, plaintiff Angel Bagos was walking towards the entrance to 3 …