Fontana v. ALPINE COUNTY

Good Law

750 F. Supp. 2d 1148·2010 WL 3834823·2010 U.S. Dist. LEXIS 104502

United States District Court, Eastern District of CaliforniaSeptember 30, 2010Case 2:10-CV-00710 JAM-KJNCalifornia4,121 words

Opinion

Mendez, J.

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS

This matter comes before the Court on Defendants’ Alpine. County, Alpine County Board of Supervisors, Alpine County Sheriffs Office, Alpine County District Attorney’s Office, Sheriff John Crawford (“Crawford”), Under Sheriff Rob Levy (“Levy”), Sergeant Ron Michitarian (“Mi chitarían”), Officer Ed Braz (“Braz”), Officer Spencer Case (“Case”), and District Attorney Will Richmond (“Richmond”), (collectively “Defendants”), Motion to Dismiss (Doc. 8), the Complaint filed by David Fontana (“Mr. Fontana”) and Lisa Fontana (“Mrs. Fontana”), collectively, (“Plaintiffs”), on grounds of absolute and qualified immunity and for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs oppose the motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On or about July 2006, two girls who were friends with Mr. Fontana’s daughter accused Mr. Fontana of touching them inappropriately. After an investigation, Mr, Fontana was charged and tried for the alleged crime. He was acquitted.

The Complaint (Doc. 1) alleges that Defendants violated Mr. Fontana’s civil rights under 42 U.S.C. § 1983 by infringing…

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