Rodrigues

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL C. SCHOOL, Case No. 2:20-cv-00004-JAM-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION TO

v. DISMISS BE GRANTED IN PART AND

DENIED IN PART

OLIVIA RODRIGUES, et al., ECF No. 11 Defendants. 16 Defendants move to dismiss plaintiff’s first amended complaint, which challenges the manner of his arrest on September 2, 2018. Defendants Olivia Rodrigues and Rory Sonnier are both deputies in the Nevada County Sheriff’s Department.1 Statement of Facts On the morning of September 2, 2018, plaintiff was at his home when he “noticed a Nevada County Sheriff Patrol vehicle parked inside his front gate.” ECF No. 10 at 3. Plaintiff went outside and asked defendant Rodrigues why she was in his yard. Id. Defendant Rodrigues ordered plaintiff to turn around and then handcuffed him. Id. Arresting officers did not produce a warrant, read plaintiff his Miranda rights,…