Barajas Centeno v. City of Carlsbad

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE LUIS BARAJAS CENTENO, Case No.: 3:19-cv-2098-L-DEB

Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION TO EXCLUDE EXPERT

TESTIMONY

CITY OF CARLSBAD, et al.,

Defendants. [ECF No. 71]

16

18 Pending before the Court in this action alleging police use of excessive force during arrest in violation of 42 U.S.C. §§ 1983 and 1988, and Cal. Civ. Code § 52.1 is Plaintiff's motion pursuant to Federal Rule of Evidence 702 to exclude the testimony of Philip L. Sanchez, Defendants’ designated expert. (Doc. no. 71.) Defendants filed an opposition. (Doc. no. 81.) For the reasons which follow, Plaintiff’s motion is denied without prejudice. Plaintiff argues Mr. Sanchez is not qualified to render an opinion regarding Plaintiff’s arrest and use of force and that his opinions are not supported as required by Daubert v. Merrell Dow Pharmaceuticals, 526 U.S. 137, 149 (1999), and its progeny. 28 …