Trull

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARCUS JOSHUA TRULL JR., No. 2:23-cv-01177-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 CITY OF LODI; MICHAEL HITCHCOCK; and DOES 1 through 10, 15 inclusive, 16 Defendants. 17 18 This matter is before the Court on Defendants Michael Hitchcock (“Hitchcock”) and the 19 City of Lodi’s (the “City”) (collectively, “Defendants”) Motion to Dismiss. (ECF No. 7.) 20 Plaintiff Marcus Joshua Trull, Jr. (“Plaintiff”) filed an opposition. (ECF No. 14.) Defendants 21 filed a reply. (ECF No. 15.) For the reasons set forth below, the Court hereby GRANTS in part 22 and DENIES in part Defendants’ Motion to Dismiss. (ECF No. 7.) 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 I. FACTUAL AND PROCEDURAL BACKGROUND 2 This case arises from an alleged unlawful arrest. On February 27, 2019, Rafael Gonzalez 3 Morfin, Jr. (“Morfin”) was murdered in Lodi, California. (ECF No. 1 at 7.) On March 14, 2019, 4 Plaintiff alleges Hitchcock arrested him for the murder of Morfin, despite not…