Steven Barrett Solder v. Santa Ana Police Department
Opinion
Trial Court Opinion
facts supporting the elements of each claim. The complaint must do more than recite conclusory statements that mirror the legal elements; it must include specific factual allegations addressing each element of a claim, showing that it is facially plausible that the defendant is liable for the alleged misconduct. Mere legal conclusions or speculation are insufficient. See Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555–57 (2007). Here, the complaint falls short of Rule 8 because the allegations—while, if true, would constitute egregious misconduct—do not provide information necessary to evaluate the pleading under the plausibility standard and fails at times to distinguish among several defendants’ conduct. See Iqbal, 556 U.S. at 678–79. For example, Plaintiff does not provide any details concerning the circumstances of his detention or the facts leading up to the use of force. In addition, the complaint fails to set forth facts sufficient to identify the applicable legal claim, as explained immediately below. 2. The applicable claim for the alleged use of excessive force depends on the facts. The Ninth Circuit has explained:…