Pyper

I. BACKGROUND

23 Plaintiff alleges that, on November 22, 2018, he sustained injuries when Defendants 24 used excessive force to arrest him on charges of violating a restraining order and 25 committing vandalism by slashing tires in the City of Oceanside, California. Plaintiff 26 alleges (1) Defendant Officer Marshall used excessive force by punching, shoving, and 27 elbowing Plaintiff, (2) Defendant Officer Seabron used excessive force by shooting him 28 with a .40 mm sponge impact munition, and (3) Defendant Officer Wilson used excessive force by failing to control a canine under Defendant Officer Wilson’s control by allowing the canine to bite Plaintiff’s arm for one minute and six seconds, all while trying to arrest him. The State of California charged Plaintiff with violation of Penal Code § 594(a)(b)(1), felony vandalism, § 166(c)(1), misdemeanor violation of a protective order, and § 148(a)(1), misdemeanor resisting, delaying, or obstructing an officer. On December 12, 2018, the felony charge was dismissed and Plaintiff pleaded guilty to misdemeanor violation of a protective order and resisting,…