Allen

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAKARAI ALLEN, No. 2:24-cv-01994-DJC-AC 12 Plaintiff, 13 v. ORDER 14 CITY OF ELK GROVE, et al., 15 Defendants. 16 17 18 Pending before the Court is Defendant City of Elk Grove’s Motion to Dismiss 19 Plaintiff Dakarai Allen’s First Amended Complaint. Plaintiff alleges that Defendant can 20 be sued under Monell pursuant to three theories of liability following an incident 21 where Elk Grove Police Department officers arrested and allegedly used excessive 22 force against Plaintiff. Defendant argues that Plaintiff’s First Amended Complaint fails 23 to identify similar past incidents and has not alleged facts that Police Chief Davis 24 ratified the unconstitutional conduct of the officers. For the reasons discussed below, 25 the Court GRANTS Defendant’s Motion to Dismiss with leave to amend. 26 //// 27 //// 28 //// 1 BACKGROUND 2 In October 2022, Plaintiff Dakarai Allen was coming home from a social, work 3 event. 1 (FAC (ECF No. 14) ¶ 16.) At the work event,…