Piombino
Piombino v. City of Fresno
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CYNTHIA PIOMBINO, No. 1:24-cv-00298-KES-SAB Plaintiff, v. ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO DISMISS
CITY OF FRESNO, et al.,
Defendant. (Doc. 11) 16 Defendants City of Fresno, Fresno Police Officer Steve Rocha, and Fresno Police Officer Corey Evans move to dismiss certain of plaintiff Cynthia Piombino’s claims pursuant to Federal Rule of Civil Procedure Rule 12(b)(6). Motion to Dismiss (“Motion”), Doc. 11. For the reasons set forth below, the motion to dismiss is granted in part and denied in part. I. BACKGROUND Piombino alleges she was advocating for an unhoused woman when she was unlawfully arrested by Rocha and Evans. Complaint, Doc. 1 ¶ 9. Piombino alleges as follows in her complaint1: Piombino is an advocate for the unhoused and is known to “virtually” all Fresno Police personnel. Id. ¶ 4. She regularly monitors encampments, advocates for the rights of unhoused 27 1 The factual…