Cuviello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Joseph P. Cuviello, No. 16-cv-02584-KJM-KJN Plaintiff, ORDER Vv. City of Vallejo, et al., Defendants. 16 Defendants City of Vallejo (“City”) and Vallejo Police Officer M. Koutnik move to dismiss plaintiff Joseph Cuviello’s first, second and fourth causes of action. Mot. to Dismiss (“MTD”), ECF No. 73, at 9, 11-13. In addition, defendants argue Officer Koutnik is entitled to 20 qualified immunity in the face of plaintiff's constitutional claims. /d. at 10-11. Plaintiff filed an opposition. Opp’n, ECF No. 74. Defendants replied. Reply, ECF No. 75. The court heard argument on July 24, 2020, with Matthew Strugar appearing for plaintiff and Richard Osman appearing for defendants. For the reasons below, the court DENIES in full defendants’ motion to 24 dismiss. 25 I. BACKGROUND A. Factual Background This case involves plaintiffs…