Hell's Angels Motorcycle Corp. v. County of Monterey

ORDER

This action arises out of a March 1998 law enforcement raid of the Hell’s Angels headquarters in Oakland, California. Plaintiffs Hell’s Angels Motorcycle Corporation and Oakland Chapter of Hell’s Angels Motorcycle Corporation bring claims for violation of members’ federal constitutional rights against a federal agent, Timothy McKinley, and federal fictitious-name defendants pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). Plaintiffs make similar claims under 42 U.S.C. § 1983 against the County of Monterey and the City of San Jose, two named local law enforcement officers and additional fictitious-name defendants. Defendants County of Monterey, Monterey district attorney’s ■ office investigator James D. Brown and FBI special agent Timothy McKinley have moved to dismiss the claims against them. The City of San Jose and San Jose Police Officer Jorge Gil— Blanco join in the Monterey defendants’ motion. The court heard oral argument on these motions on December 16, 1999.

I

On a motion to dismiss, the court accepts as true the plaintiffs’ version of the facts. Pareto v. FDIC, 139 F.3d 696, 699 (9th Cir.1998). A summary of…