LLoyd

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC ANTHONY ALSTON, JR., No. 2:18-cv-02420-TLN-CKD (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS COUNTY OF SACRAMENTO, ET AL., AND ORDER Defendants. 16 Pro se plaintiff, Eric A. Alston, Jr., commenced this civil rights action on September 4, 2018 against the County of Sacramento, Sheriff Scott Jones, Captain Eric Buehler, Sergeant Connor Milligan, the administrator of the county jail, and six sheriff’s deputies. (ECF No. 1.) The complaint asserted twelve causes of action. The court dismissed all causes of action except three, and all defendants except one, for failure to state a claim. (ECF No. 20.) The one remaining defendant, Deputy Kenneth Lloyd, now moves for summary judgment on plaintiff’s three remaining claims: (1) a federal claim under 42 U.S.C. § 1983 for the use of excessive force, (2) a state law claim under California’s Bane Act, and (3) a state law claim for battery. (ECF No. 69.) For the reasons below, the…