Strickland

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

10 ALAN STRICKLAND AND KELLY STRICKLAND, Case No. 20-cv-981-YGR

Plaintiffs, ORDER DENYING MOTION TO DISMISS

DEFENDANT UJIRI’S COUNTERCLAIMS

v.

DKT. NO.

13 MASAI UJIRI; TORONTO RAPTORS; MAPLE LEAF

SPORTS & ENTERTAINMENT; NATIONAL

BASKETBALL ASSOCIATION,

15 Defendants. 16 Pending before the Court is the motion of plaintiff Alan Strickland to dismiss the 18 counterclaims of defendants Masai Ujiri and Toronto Raptors/Maple Leaf Sports & Entertainment. 19 (Dkt. No. 45.) Ujiri alleges claims for violation of Ujiri’s rights under the Fourth Amendment to 20 the United States Constitution pursuant to 42 U.S.C. section 1983, as well as claims for assault, 21 battery, and intentional infliction of emotional distress (IIED). (Dkt. No. 43 [“Counterclaim”].) In his motion, Strickland contends that the section 1983 claim should be dismissed on the 23 grounds that Ujiri has not alleged facts sufficient to establish excessive force or to avoid qualified 24 immunity; and that the state law claims should be dismissed for failure to comply with…