Cuviello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Joseph P. Cuviello, No. 16-cv-02584-KJM-KJN 12 Plaintiff, ORDER 13 Vv. 14 City of Vallejo, et al., 15 Defendants. 16 17 Defendants City of Vallejo (“City”) and Vallejo Police Officer M. Koutnik move to 18 | dismiss plaintiff Joseph Cuviello’s first, second and fourth causes of action. Mot. to Dismiss 19 | (“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 21 | opposition. Opp’n, ECF No. 74. Defendants replied. Reply, ECF No. 75. The court heard 22 | argument on July 24, 2020, with Matthew Strugar appearing for plaintiff and Richard Osman 23 | appearing for defendants. For the reasons below, the court DENIES in full defendants’ motion to 24 | dismiss. 25 | I. BACKGROUND 26 A. Factual Background 27 This case involves plaintiffs…