Tracy

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 DUANE DRAKE TRACY, No. 2:20-cv-01337-WBS-CKD Plaintiff, v. MEMORANDUM AND ORDER RE: CITY

OF MARYSVILLE’S MOTION TO

CITY OF MARYSVILLE, a municipal DISMISS entity; OFFICERS JASON GARRINGER, JEREMY LEMIRE, and HERBERT CULVER, and DOES 1-25, 17 Defendants. 18 19 ----oo0oo---- Plaintiff Duane Drake Tracy (“plaintiff”) brought this action against the City of Marysville (“the City”), Marysville Police Sergeant Jason Garringer, Marysville Police Officers Jeremy Lemire and Herbert Culver, and Does 1-25 seeking compensatory and punitive damages against defendants for violating civil rights under 42 U.S.C. § 1983. Before the court is the City’s Motion to Dismiss plaintiff’s fourth cause of 28 action. (“Mot. to Dismiss”) (Docket No. 4.) I. Factual and Procedural Background According to plaintiff’s complaint, on July 28, 2019, plaintiff was suspected of…