Venson
Venson v. Jackson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 CLIFFORD ALLAN VENSON, Case No. 18-cv-02278-BAS-BLM 11 Plaintiff, ORDER DENYING PLAINTIFF’S FOURTH MOTION TO STRIKE v. [ECF No. 114] SGT. Q. JACKSON, et al., 14 Defendants. 15 Before the Court is Plaintiff’s Fourth Motion to Strike Affirmative Defenses stated in the Amended Answer filed by Defendants A.S. Diaz, Q. Jackson, and J. Knight (“Defendants”). (ECF No. 114.) Plaintiff requests that Defendants’ qualified immunity and liability for contributory conduct defenses be stricken because documentary evidence reflects that Defendants assaulted and handcuffed Plaintiff and did not act in accordance with due process requirements during the underlying incident. (Id.) A court can only strike a defense if it determines that there is no set of factual circumstances under which the defense could be found meritorious. See Polk v. Legal Recovery Law Offices, 291 F.R.D. 485, 489 (S.D. Cal. 2013); Levin–Richmond…