Moffitt

Moffitt v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaApril 28, 20253:24-cv-01445California2,529 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 JOHN MOFFITT, Case No. 24-cv-1445-MMA-DDL

Plaintiff,

NOTICE AND ORDER PROVIDING

v. TENTATIVE RULINGS RE:

DEFENDANT’S MOTION TO

COUNTY OF SAN DIEGO, et al.,

DISMISS

Defendants. [Doc. No. 22] 17 18 On May 7, 2025, Plaintiff John Moffitt (“Plaintiff”) and Defendant City of San Diego (“the City”) will appear before the Court for a hearing on the City’s motion to dismiss Plaintiff’s Third Amended Complaint. Doc. No. 22. In anticipation of the hearing, the Court issues the following tentative ruling GRANTING IN PART and DENYING IN PART the City’s motion. As a preliminary matter, municipal departments and sub-units, including police departments, are generally not considered “persons” within the meaning of Section 1983. See Hervey v. Estes, 65 F.3d 784, 791–92 (9th Cir. 1995) (Finding that because an intergovernmental narcotics taskforce was not a itself a municipality or independent local…

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