Aguilar v. City Of Concord et al
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|Date Filed||#||Document Text|
|September 5, 2017
ORDER granting in part and denying in part 64 Motion for Judgment on the Pleadings. The attached order grants in part and denies in part the defendants' motion for judgment on the pleadings. The following claims are adequately pleaded: (1) the integral-participation theory against Corporal Phalen under § 1983 insofar as it rests on the factual allegation that Corporal Phalen choked the plaintiff with a wire; (2) the failure-to-intervene theory against both individual defendan ts; (3) the California-law claims against Officer Boccio and against Corporal Phalen (based only on the choking allegation); and (4) the vicarious-liability claims against the City. With respect to the defendants' arguments concerning the amende d complaint's (1) integral-participation theory against Corporal Phalen for assisting in Officer Boccio's restraining of the plaintiff; and (2) California state-law claims against Corporal Phalen (on the same basis), the motion is granted with leave to amend. A second amended complaint may be filed with the court on or before September 19, 2017. (Beeler, Laurel) (Filed on 9/5/2017)
|June 1, 2017
ORDER by Judge Laurel Beeler granting 49 Motion to Amend/Correct. Plaintiff Ignacio Aguilar is required to E-FILE the amended document. (lblc3S, COURT STAFF) (Filed on 6/1/2017)
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