Toler

ORDER

Plaintiff Joel Thomas Toler has brought this action against defendants David Paul-son, the District Attorney for the County of Solano, A1 Garza, the Chief Investigator for the District Attorney’s office, Brook Byerley, the Supervising Investigator for the District Attorney’s Office, and the County of Solano. Plaintiff alleges that defendants retaliated against him in violation of his First Amendment rights after he took out a paid advertisement in a local newspaper criticizing the District Attorney’s Office. The allegedly retaliatory conduct pertains to a temporary restraining order that was sought and obtained against plaintiff, and the prosecution of an alleged violation of that order. Plaintiff also alleges that defendants violated his Fourth Amendment rights by obtaining a search warrant based on false information. Pending before the court is defendants’ motion to dismiss. The court resolves the matter on the parties’ papers, supplemental briefing, and after oral argument. For the reasons explained below, the motion to dismiss is granted in part and denied in part.

I. Background

Plaintiff Joel Thomas Toler is a former police office and current licensed bondsman and…