Garcia

Garcia v. City of Merced

Good Law

637 F. Supp. 2d 731·2008 WL 115201·2008 U.S. Dist. LEXIS 2135

United States District Court, Eastern District of CaliforniaJanuary 10, 20081:07-cv-00867California12,820 words

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER RE GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS (DOC. 8,11,13)

1. INTRODUCTION

Defendants City of Merced (“Merced”) and City of Merced Police Department (“Merced Police”) move to dismiss Plaintiff John Garcia’s (“Garcia”) complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). Defendant Bureau of Narcotics Enforcement Special Agent Supervisor Alfredo Cardwood (“Cardwood”) moves to dismiss Plaintiffs complaint pursuant to Fed.R.Civ.P. 12(b)(6) and for a more definite statement pursuant to Fed.R.Civ.P. 12(e). Defendants County of Merced (“Merced County”), Merced County Sheriffs Department (“Sheriffs Dept.”), Merced County Deputy Sheriff John Taylor (“Taylor”) and District Attorney Gordon Spencer (“Spencer”) move to dismiss Plaintiffs complaint pursuant to Fed. R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiffs complaint alleges assault and battery, abuse of process, false arrest and imprisonment, defamation per se, violation of California Civil Code § 52.1 and a § 1983 claim for unreasonable search and seizure. Oral argument on this matter…

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