Neveu

Neveu v. City of Fresno

Good Law

392 F. Supp. 2d 1159·2005 WL 1704318·2005 U.S. Dist. LEXIS 37400

United States District Court, Eastern District of CaliforniaJuly 15, 2005104CV06490OWWLJOCalifornia11,460 words

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER RE DEFENDANTS’

(1)MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 2(b)(6);

(2)MOTION FOR A MORE DEFINITE STATEMENT PURSUANT TO FED. R. CIV. P. 12(e); AND

(3)MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(f).

I. INTRODUCTION

This is a civil rights action by a City of Fresno police officer against the City of Fresno (“CITY”) and several individual members of the City of Fresno Police Department. Michael Neveu (“Plaintiff’) brings a civil rights claim under 42 U.S.C. § 1983 and under two California state “whistleblower” statutes. Defendants CITY OF FRESNO, JERRY DYER, MICHAEL GUTHRIE, GREG GARNER, DARREL FIFIELD, MARTY WEST, and ROGER ENMARK (“Defendants”) move to dismiss Plaintiffs Second Amended Complaint. (Doc. 33, Def.’s Mem.). Plaintiff opposes the motion. (Doc. 27, PL’s Opp.).

II. PROCEDURAL HISTORY

Plaintiff filed his original Complaint on November 11, 2004. (Doc. 1, Compl.). Plaintiff filed a First Amended Complaint against the same defendants on December 17, 2004. (Doc. 19, First Am. Compl.). The defendants named in the First Amended Complaint moved to dismiss on January 18, 2005. (Doc. 20, Def.’s…

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