(PS) Alston v. City of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC ANTHONY ALSTON, JR., No. 2:21-cv-2049 TLN AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS CITY OF SACRAMENTO; SGT. HAMM, #3018; OFFICER DELGADO, #358; OFFICER MELLOCH, #602, Defendants. 17 Plaintiff is proceeding in this action pro se and the case was accordingly referred to the undersigned by Local Rule 302(c)(21). On August 1, 2022, plaintiff moved for summary judgment. ECF No. 18. Defendant opposes the motion. ECF No. 22. Plaintiff has replied. ECF No. 23. For the reasons explained below, plaintiff’s motion should be DENIED. I. Complaint and Procedural Background Plaintiff filed this civil rights action under 42 U.S.C. § 1983 for violations of his First, Fourth, Fifth, and Fourteenth Amendment rights, along with related state law claims, on November 5, 2021. ECF No. 1. Plaintiff paid the filing fee and did not seek in forma pauperis status,1 so the complaint was not screened under 28…