Dyer
Dyer v. City of Auburn
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 DALTON EDWARD DYER, No. 2:21-cv-02182-JAM-JDP Plaintiff, v. ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
CITY OF AUBURN, et. al, MOTION TO DISMISS AND DENYING
DEFENDANTS’ MOTION TO STRIKE
Defendants. 15 I. BACKGROUND1 This action arises from an October 12, 2018, incident in which Dalton Edward Dyer (“Plaintiff”) alleges City of Auburn Police Officers Joshua Eagan (“Eagan”) and Matthew Nichols (“Nichols”) wrongfully detained, searched, beat, tased, and arrested him. See First Am. Compl. (“FAC”), ECF No. 9. That day, Plaintiff was riding in the passenger seat of a friend’s vehicle when Officer Eagan arrested the friend on a suspected DUI. Id. ¶ 13. After Eagan placed the friend in his patrol vehicle, Plaintiff asked for permission to speak to his friend,
1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The…