Piombino

Piombino v. City of Fresno

Good Law
United States District Court, Eastern District of CaliforniaDecember 2, 20241:24-cv-00298California4,345 words

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…

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