Moffitt
Moffitt v. County of San Diego
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 JOHN MOFFITT, Case No. 24-cv-1445-MMA-DDL
13 Plaintiff,
NOTICE AND ORDER PROVIDING
14 v. TENTATIVE RULINGS RE:
DEFENDANT’S MOTION TO
15 COUNTY OF SAN DIEGO, et al.,
DISMISS
16 Defendants. [Doc. No. 22] 17 18 19 On May 7, 2025, Plaintiff John Moffitt (“Plaintiff”) and Defendant City of San 20 Diego (“the City”) will appear before the Court for a hearing on the City’s motion to 21 dismiss Plaintiff’s Third Amended Complaint. Doc. No. 22. In anticipation of the 22 hearing, the Court issues the following tentative ruling GRANTING IN PART and 23 DENYING IN PART the City’s motion. 24 As a preliminary matter, municipal departments and sub-units, including police 25 departments, are generally not considered “persons” within the meaning of Section 1983. 26 See Hervey v. Estes, 65 F.3d 784, 791–92 (9th Cir. 1995) (Finding that because an 27 intergovernmental narcotics taskforce was not a itself a municipality or independent local…