Bernhard
Bernhard v. Muir
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Roxane Bernhard and Randy B. Bernhard, No. 2:20-cv-02353-KJM-KJIN Plaintiffs, ORDER Vv. City of Tracy, et al., Defendants. 16 Roxane and Randy Bernhard brought this section 1983 claim against the City of Tracy 18 and several individual Tracy Police Officers. The defendants move to dismiss the complaint, to 19 dismiss the request for punitive damages, and for a more definite statement. The plaintiffs oppose 20 the motion but withdraw their request for punitive damages. As explained below, the complaint against the City is dismissed with leave to amend. The motion is otherwise denied. 22 I. BACKGROUND On November 23, 2018, Officers Muir and Steele of the Tracy Police Department 24 knocked on the door to the plaintiffs’ home. Compl. 4 1, ECF No. 1. Several other officers were with them, including officers Wilhurst, Gonzalez, Ortiz, Graham, Bauer and Jesser. Id. Roxane Bernhard opened the…