Walton
Walton v. Smith
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 DENISHA M WALTON, et al., Case No. 23-cv-04843-MMC
Plaintiffs,
ORDER DISMISSING SECOND
v. AMENDED COMPLAINT
KEE ANA SMITH, et al., Re: Dkt. No. 16 Defendants.
11 By order filed November 14, 2023, the Court granted plaintiffs Denisha Walton and Justin Walton’s application to proceed in forma pauperis, and, pursuant to 28 U.S.C. § 1915(e)(2), dismissed the complaint for failure to state a claim but afforded plaintiffs leave to amend. Now before the Court is plaintiffs’ “Second Amended Complaint” (“SAC”) filed January 24, 2024. (See Doc. No. 16.) Plaintiffs allege that, on March 4, 2022, subsequent to their 16-year-old daughter’s false report that her father, plaintiff Justin Walton, had molested her, plaintiffs lost custody of their children. (See SAC at 17.) Based on these allegations, plaintiffs bring ten claims against twenty defendants, fourteen of whom were defendants to the original complaint (see…