Walker

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6 7 8 UNITED STATES DISTRICT COURT 9

EASTERN DISTRICT OF CALIFORNIA

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11 RICHARD CHARLES BERNIER III and ) Case No.: 1:18-cv-1131 JLT SKO

NADEZHDA USTINENKOV, )

12 ) ORDER GRANTING DEFENDANTS’ MOTIONS Plaintiffs, ) TO DISMISS AND GRANTING THE MOTION TO 13 ) STRIKE v. ) 14 ) (Docs. 81, 82)

FRESNO POLICE OFFICER ANTHONY )

15 RODRIGUEZ, et al., ) ) 16 Defendants. ) ) 17

18 Richard Bernier III and Nadezhda Ustinenkov contend Bernier was the victim of excessive 19 force used by Fresno County deputies and Fresno police officers during the course of an arrest and 20 suffered retaliatory acts for complaining about the actions of the involved officers. Plaintiffs seek to 21 hold the City of Fresno, Fresno County, police officers, and sheriff deputies liable for violations of 22 federal and state law. (Doc. 80.) 23 The City and County of Fresno seek dismissal of Bernier’s excessive force claim pursuant to 24 Rule 12(b)(6) of the Federal Rules of Civil…