Waller

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RUSSELL SHANE WALLER, No. 2:22-cv-00246-JAM-DB Plaintiff, v. ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS

COUNTY OF SUTTER, et al., Defendants. 16 I. BACKGROUND This Section 1983 action arises from a March 9, 2020 incident in which Russell Shane Waller (“Plaintiff”) alleges three Sutter County sheriff deputies arrived at his home, kicked in his front door, slammed him against a wall, tackled him onto the floor, assaulted him, placed him in handcuffs, and unlawfully arrested him. See Sec. Am. Compl. (“SAC”) ¶¶ 17-18, ECF No. 7. Before the Court is Sutter County and Sutter County Sheriff’s Office’s (“Defendants”1) motion to dismiss. See Mot., ECF No. 9- 26 1 As Defendants note, Plaintiff names both Sutter County and Sutter County Sheriff’s Office as Defendants; however, the County Sherriff’s Office is not a separate entity, but a department of the County. See Mot. at 2 n.2. 1. Specifically,…