Estate of Philip Andrew Hempel v. City of Grass Valley

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PHILIP ANDREW HEMPEL, No. 2:21-cv-01827-MCE-JDP 12 Plaintiff, 13 v. MEMORANDUM AND ORDER 14 CITY OF GRASS VALLEY, as operator of the Grass Valley Police Department, 15 and OFFICER COLTON DUNCAN, 16 Defendants. 17 18 Through the present action, Plaintiff Philip Andrew Hempel (“Plaintiff”) asserts the 19 following claims pursuant to 42 U.S.C. § 1983 against two Defendants: 20 (1) unreasonable and excessive force causing physical injury against Defendant Colton 21 Duncan (“Officer Duncan”); and (2) municipal liability for policy, custom, or practice 22 causing unreasonable and excessive force against Defendant City of Grass Valley (the 23 “City”). See First Am. Compl., ECF No. 14 (“FAC”). Presently before the Court is the 24 City’s Motion to Dismiss Plaintiff’s Second Claim for municipal liability, which has been 25 /// 26 /// 27 ///

28 /// 1 fully briefed.1 ECF Nos. 17-1 (“City’s Mot.”), 21 (“Pl.’s Opp’n”), 24 (“City’s Reply”). For 2 the reasons set forth below,…