Allen

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRENT ALLEN, et al., Case No. 23-cv-01895-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT WENGER'S MOTION TO DISMISS CITY OF ANTIOCH, et al., Re: Dkt. No. 116 Defendants.

The motion is granted in part and denied in part. This order assumes the reader’s familiarity with the facts, relevant legal standards, and arguments made by the parties. This Court’s prior Order [111] dismissed claims against Defendant Wenger in the first complaint. The plaintiffs then filed a consolidated amended complaint, which Wenger moves to dismiss again. 1. Plaintiffs Kardell Smith and Jamari Allen’s Section 1983 claims for unreasonable seizure cannot be dismissed. The complaint alleges that Wenger texted the officers who arrested the plaintiffs and encouraged them to do so. For instance, Wenger allegedly texted Officers Amiri and Rombough to “please find this guys and f*** him in the ass” concurrent with Kardell Smith’s 2019 arrest by those officers.1 Wenger also allegedly texted Amiri “lets go 3 nights in a row dog bite” one day after Amiri arrested Allen and used a K-9 dog…