Facts

On Jan. 14, 2014, plaintiff David Duran was served with a search warrant by defendants El Centro Police Detectives Omar Mandujano and Alfredo Hernandez. Two days later the detectives took him from the detention facility he was being held in to a hospital in Brawley for a blood draw.

Plaintiff filed a Section 1983 action against Officers Mandujano, Alfredo Hernandez, Luis Hernandez, and John Seaman.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed the officers drew his blood without his consent. Plaintiff claimed the defendants used excessive force in trying to obtain his blood. Plaintiff contended Officer Mandujano held him down by the neck.

Plaintiff claimed defendants violated his civil rights by executing an invalid search warrant and using excessive force in executing the invalid warrant.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations and moved to dismiss plaintiff's fourth amended complaint due to plaintiff's failure to state a claim for relief.

Result

The magistrate judge issued a report and recommendation, recommending defendants’ motion to dismiss be granted.

Other Information

Plaintiff has until Sept. 29 to file objections to the R&R after which the district court will act upon the R&R.