Hernandez

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RICARDO HERNANDEZ, Case No. 20-cv-01183-AGT

8 Plaintiff,

ORDER DENYING MOTION TO

9 v. DISMISS

10 CONTRA COSTA COUNTY, et al., Re: Dkt. No. 22 Defendants. 11

12 Ricardo Hernandez alleges that during a stolen-vehicle stop, two police officers used 13 excessive force to arrest him, two supervising officers failed to intervene, and Contra Costa 14 County implicitly condoned the incident. The force-using officers answered the complaint, but the 15 supervising officers and the county have moved to dismiss. Their motion is denied. 16 Hernandez maintains that even though he was fully compliant during his arrest (exiting the 17 car with his hands raised and walking backwards towards one of ten officers on the scene) an 18 officer placed him in a carotid hold until he lost consciousness, and then the same officer struck 19 him in the head six times with a flashlight and threatened to shoot him, while another officer hit 20 him with a flashlight multiple times in the…