Green v. Saenz

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Individual defendants Frank Saenz, Carson Earnest, Henry Gralak, and Steven Ma-chain (collectively, “individual defendants”) have moved to dismiss or strike portions of plaintiff Michael Green’s first amended complaint. 1 As noted below, we grant the motion in part, and deny it in part.

Green’s first amended complaint has six counts, all alleged pursuant to 42 U.S.C. § 1983 (1988). Count I maintains that the individual defendants violated the Fourth and Fourteenth Amendments through acts of assault and battery and use of excessive force. Count…