Davis v. Duran

MEMORANDUM OPINION AND ORDER

JEFFREY COLE, United States Magistrate Judge.

INTRODUCTION AND BACKGROUND1

The defendants have been sued under 42 U.S.C. § 1983 in connection with Officer Duran’s alleged use of excessive force against Tyrone Dandridge. In the early morning hours of September 19, 2008, Tyrone Dandridge was present at his brother Curtis’ apartment, along with Tyrone’s girlfriend (Charde Wiggins) and Curtis’ wife (Eva). For reasons which are not important to the determination of the pending motions, Tyrone and Curtis were fighting with each other. They struggled and fell onto a glass…