Burke
Burke v. El Dorado County Sheriff's Office
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ORVAL Z. BURKE, No. 2:23-cv-00789-TLN-JDP Plaintiff, v. ORDER EL DORADO COUNTY SHERIFF’S OFFICE, et al., 15 Defendants. 16 17 This matter is before the Court on Defendants El Dorado County Sheriff’s Office and Sheriff Jeff Leikauf’s Motion to Dismiss (collectively, “County Defendants”). (ECF No. 25.) Plaintiff Orval Z. Burke (“Plaintiff”) filed an opposition. (ECF No. 26.) County Defendants filed a reply. (ECF No. 28.) For the reasons set forth below, the Court GRANTS County Defendants’ motion. /// /// /// /// 27 The only remaining Defendant, Deputy Terri Cissna (“Deputy Cissna”), filed an answer and did not join in the instant motion. (ECF No. 24.) I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff alleges the El Dorado County Sheriff’s Office seized his cell phone on October 24, 2019. (ECF No. 23 at 4.) Plaintiff further alleges Deputy Cissna authored a search warrant affidavit and a search warrant issued…