DeLeon
DeLeon v. Stewart
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANNY DOUGLAS DELEON, No. 2:19-cv-01842-TLN-DMC Plaintiff, v. ORDER CALEB STEWART; SGT. MORRISON; DOES 1 through 20 inclusive, 15 Defendants. 16 17 This matter is before the Court on Defendants’ Officer Caleb Stewart and Sergeant Cliff Morrison’s (collectively, “Defendants”) Motion to Dismiss. (ECF No. 19.) Plaintiff Danny Douglas DeLeon (“Plaintiff”) filed an opposition (ECF No. 21), and Defendants replied (ECF No. 23). For the reasons set forth below, the Court GRANTS Defendants’ motion. /// /// /// /// /// /// 28 I. FACTUAL AND PROCEDURAL BACKGROUND On August 18, 2018, Officer Stewart stopped Plaintiff for an alleged seatbelt violation. (ECF No. 1 at 2.) Plaintiff alleges he had been wearing his seatbelt. (Id.) During the stop, Plaintiff was investigated for suspicion of driving under the influence. (Id.) Plaintiff was subsequently arrested and charged with violation of California Vehicle Code §§ 23152(a) and 6…