Duarte

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO DUARTE and No. 2:19-cv-00007-MCE-CKD

ALEJANDRO GUTIERREZ,

12 Plaintiffs, MEMORANDUM AND ORDER v.

CITY OF STOCKTON, STOCKTON

POLICE DEPARTMENT, ERIC

JONES, KEVIN JAYE HACHLER

(1641); ERIC B. HOWARD (2448);

MICHAEL GANDY (2858); CONNER

NELSON (2613); SGT. UNDERWOOD, and DOES 1-100, 18 Defendants.

20 Through the present lawsuit, Plaintiffs Francisco Duarte and Alejandro Gutierrez (collectively “Plaintiffs” unless otherwise specified) allege they were subjected to excessive force while being arrested by members of the Stockton Police Department. As presently constituted, Plaintiffs’ operative First Amended Complaint (“FAC”) contains two causes of action against Officers Eric Jones, Kevin Hachler, Eric Howard, Michael Gandy, Conner Nelson and Sergeant Underwood (collectively “Defendants” unless otherwise specified), who are named as individual defendants. Both the First and Second Claims are brought under 42 U.S.C. § 1983 (“§ 1983”) for…