Ochoa

Ochoa v. County of Kern

Good Law
United States District Court, Eastern District of CaliforniaFebruary 21, 20231:18-cv-01599California7,871 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALEJANDRO OCHOA, an individual, Case No. 1:18-CV-01599-JLT-CDB Plaintiff, ORDER DENYING PLAINTIFF’S

RENEWED MOTION FOR JUDGMENT

v. AS A MATTER OF LAW, OR

ALTERNATIVELY, FOR A NEW TRIAL

COUNTY OF KERN, a municipal entity; DEPUTY BROCK (Badge No. 201765), an individual; DEPUTY ANDREW BASSETT (Doc. 131) (Badge No. 202312), an individual; and DOES 1 through 10, inclusive, Defendants. On November 19, 2018, Alejandro Ochoa filed a complaint against the County of Kern, Deputy Ryan Brock, and Deputy Andrew Bassett under 42 U.S.C. § 1983, alleging the Deputies used excessive force when seizing him on January 27, 2018. (Doc. 1 at 1-3.) Ochoa brought claims for excessive force under the Fourth Amendment and state law claims for negligence and battery. (Id. at 1.) Beginning on October 31, 2022, the Court held a five-day jury trial. During trial, Ochoa stipulated to dismissal of the battery claim. (Doc. 135 at 128.) At the close of 24 …

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