Gutierrez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS DAVID GUTIERREZ, No. 2:22-cv-00802-KJM-JDP Plaintiff, ORDER v. 14 CITY OF SACRAMENTO, OFFICER JONATHON NANGLE (385), OFFICER

MICHAEL CASE (667), OFFICER COREY

STACKHOUSE (1033), SERGEANT JOHN MORRIS (3120) AND Does to 4,

Defendants. In this civil rights action arising from an altercation between Sacramento police officers 20 and plaintiff Carlos Gutierrez, the parties have filed cross motions for summary judgment. For the reasons stated below, plaintiff’s motion is denied and defendants’ motion is granted in part and denied in part. 23 I. BACKGROUND This action stems from a 2021 incident between plaintiff Gutierrez and defendants Nangle, Case, Stackhouse and Morris. The court has compared the parties’ respective statements 26 of fact, see Pl.’s Resp. to Defs.’ Statement of Undis. Mater. Facts (Pl.’s Resp. to UMF), ECF No. 25-1; Defs.’ Resp. to Pl.’s…