Hernandez

FURTHER MEMORANDUM AND ORDER RE CITY COUNCIL MEMBERS’ MOTION TO DISMISS UNDER RULE 12(b)(6), FED. R. CIV. P.

I.

INTRODUCTION

In this case, the Court was presented with motions to dismiss the original complaint against all defendants, including members of the Los Angeles City Council, under Rule 12(b)(6) of the Federal Rules of Civil Procedure. In a separate order, the Court issued a ruling granting the motion with leave to amend as to most of the defendants in the case. However, with respect to the civil rights claims brought against members of the Los Angeles City Council, the Court granted the motion to dismiss without leave to amend because the Court concluded that those defendants have qualified immunity from suit. This memorandum sets forth in greater detail the reasons for the Court’s ruling on the qualified immunity issue. To place these issues in context, the Court first re-visits the facts giving rise to the present action.

II.

FACTUAL BACKGROUND

This lawsuit arises out of plaintiff Hernandez’s (referenced as “plaintiff’ or “Hernandez”) encounter with two police officers — convicted felon Rafael Perez and his partner Nino Durden — now infamous for their connection…