Hillblom

ORDER ON DEFENDANTS’ F.R.Civ.P. 12 MOTIONS TO DISMISS AND FOR MORE DEFINITE STATEMENT

INTRODUCTION

Defendants County of Fresno (“County”), former County Sheriff Richard Pierce (“Sheriff Pierce”) and three County Sheriffs Department officers seek F.R.Civ.P. 12(b)(6) dismissal of plaintiffs’ 42 U.S.C. § 1983 (“section 1983”) and related claims on grounds that the claims fail to allege necessary elements. Defendants pursue an alternative F.R.Civ.P. 12(e) motion for a more definite statement as to plaintiffs’ section 1983 illegal arrest and tort in essence claims. Plaintiffs contend that, for the most part, their complaint satisfies requirements to plead necessary elements of their claims. This Court considered the defendants’ alternative motions to dismiss and for a more definite statement on the record and VACATES the February 7, 2008 hearing, pursuant to Local Rule 78-230(h). For the reasons discussed below, this Court GRANTS defendants F.R.Civ.P. 12(b)(6) and F.R.Civ.P. 12(c) relief in part and ORDERS plaintiffs, no later than February 25, 2008, to file a first amended complaint consistent with and in compliance with this order.

BACKGROUND

Mr. Hillblom’s Arrest

Mr. and Ms.…