Tomelloso
Tomelloso v. City of Vacaville
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 MARY TOMELLOSO, RUBEN H. No. 2:21-cv-00507-MCE-JDP
TOMELLOSO,
11 Plaintiffs, MEMORANDUM AND ORDER v.
CITY OF VACAVILLE, NATHAN
BENEVIDES, DANIEL TORRES and DOES 1 to 50, 15 Defendants.
17 Through the present lawsuit, Plaintiff Ruben Tomelloso (“Ruben”) alleges that his home was illegally searched, and he was handcuffed while that search was conducted, without a warrant and absent probable cause. Ruben’s wife, Mary Tomelloso (“Mary”), while not present at the time of the search, is also a named Plaintiff. Defendants include two City of Vacaville (“City”) police officers who engaged in the search, Nathan Benevides and Daniel Torres, as well as the City itself. Plaintiffs’ lawsuit asserts five separate causes of action, which include a claim for violations of 42 U.S.C. § 1983 as well as state common law claims for assault and battery, false imprisonment, negligence and intentional infliction of emotional distress. After the matter was initiated in state 27 …