Lizet Gonzalez v. City of Modesto Police Dept.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

11 LIZET GONZALEZ, Case No. 1:20-cv-01031-NONE-BAM 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DENY DEFENDANTS’ MOTION TO v. DISMISS 14 CITY OF MODEST- MODESTO POLICE (Doc. No. 20) DEPARTMENT, et al., FOURTEEN-DAY DEADLINE Defendants. 17 I. INTRODUCTION On July 23, 2020, Plaintiff Lizet Gonzalez (“Plaintiff”) filed this action against Defendants City of Modesto - Modesto Police Department, Officer Jorge Contreras, Officer Cameron Irinaga, Officer Brian Binkley, and Police Chief Galen L. Carroll. (Doc. 1.) On November 12, 2020, Defendants moved to dismiss the complaint and Plaintiff responded with a first amended complaint. (Docs. 8, 10.) On December 23, 2020, Plaintiff filed a 23 Second Amended Complaint. (Doc. 18.) The Second Amended Complaint alleged five claims: (1) 24 deprivation of federal civil rights in violation of 42 U.S.C. § 1983, (2) Interference with exercise 25 and enjoyment of civil rights by threat, intimidation,…