Ennis

MEMORANDUM & ORDER

Re: Defendant Carson & Barnes Circus’ Motion to Dismiss Second Amended Complaint

On November 9, 2009, plaintiff Mark Ennis filed this action against the City of Daly City (“City”), Daly City Police Chief McLane (“McLane”), Daly City Police Officer Kranz (“Kranz”), Daly City Police Officer Andrade (“Andrade”) and Daly City Police Sergeant O’Rourke (“O’Rourke”) alleging violations of civil rights under both 42 U.S.C. § 1983 and state law. On January 22, 2010, plaintiff filed a First Amended Complaint, naming as an additional City defendant, Daly City Police Sergeant Keyes (“Keyes”). On June 22, 2010, the court granted plaintiff leave to amend his FAC, (Docket No. 124 (Memorandum and Order)), and on June 30, 2010, plaintiff filed a Second Amended Complaint naming as additional defendants the 1-A Agricultural Association (“the Association”), which operates the Cow Palace in Daly City, and three of its employees; the Carson and Barnes Circus (“Carson”) and three of its employees; and Daly City Police Officer Wollman. Docket No. 25 (Second Amended Complaint (“SAC”)). Now before the court is defendant Carson’s motion to dismiss the SAC as it applies to Carson. Having…