(PC) Michoff v. El Dorado County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN DAVID MICHOFF, No. 2:17-cv-02584-MCE-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS EL DORADO COUNTY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action is proceeding on the first amended complaint filed September 27, 2018 alleging that defendants Coburn, Cooney, and Morton violated plaintiff’s Fourth Amendment rights by using excessive force during his arrest on two separate occasions or by failing to protect him from the use of said force. See ECF No. 15 (screening order). Defendants seek summary judgment on the grounds that the claims are barred by Heck v. Humphrey, 512 U.S. 444 (1994), the use of force was objectively reasonable, and defendants are entitled to qualified immunity. ECF No. 35. The motion has been fully briefed by the parties. See ECF Nos. 40-42. For the reasons discussed below, the undersigned…