Mendoza

BACKGROUND

25 1. Factual Background 26 On July 12, 2014, Plaintiff Ali Alejandro Mendoza (“Plaintiff” or “Mendoza”), a 19- 27 year-old male, was crossing a two-lane intersection within a marked crosswalk with a 28 friend. As they crossed the street, Plaintiff looked over and saw that the vehicle was going to collide with them. Plaintiff pushed his friend out of the way, was struck by the vehicle, and rolled into the windshield. The vehicle was driven by Thomas Malandris, a Special Agent of the Department of Homeland Security. Plaintiff was then transferred to the hospital by ambulance, where he was administered 8 milligrams of morphine for his pain. Shortly thereafter, an officer with the National City Police arrived at the scene, called for an ambulance, and initiated a traffic collision investigation. National City Police Officer Benjamin Peck (“Defendant Peck” or “Peck”) completed the portion of the traffic collision report relating to Plaintiff. Peck next went to the hospital after the collision to interview Plaintiff. Upon arrival Peck confiscated a pipe from Plaintiff and began questioning him about his use of…