Nolan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STEVEN NOLAN, No. 2:21-cv-02210-TLN-KJN Plaintiff, v. ORDER SEAN KELLY and DUSTIN WILLIS, Defendants. 16 This matter is before the Court on Defendants Sean Kelly and Dustin Willis’s (collectively, “Defendants”) Motion to Dismiss. (ECF No. 17.) Plaintiff Steven Nolan (“Plaintiff”) filed an opposition. (ECF No. 18.) Defendants did not file a reply. For the reasons set forth below, the Court DENIES Defendants’ motion. /// /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND The Court need not recount all background facts, as they are set forth fully in the Court’s February 1, 2023 Order. (ECF No. 15.) In short, this case arises from allegations that Defendants attacked and detained Plaintiff as he approached a motor vehicle accident scene. (Id.) Plaintiff filed the operative Second Amended Complaint (“SAC”) on March 2, 2023. (ECF No. 16.) Plaintiff alleges…