Young

Young v. City of Visalia

Good Law

687 F. Supp. 2d 1155·2010 WL 289282·2010 U.S. Dist. LEXIS 3237

United States District Court, Eastern District of CaliforniaJanuary 15, 20101:09-cr-00115California7,036 words

Opinion

Ishii, J.

ORDER ON DEFENDANTS’ MOTIONS TO DISMISS

This is a civil rights case brought by Plaintiffs Thad Young and Sandra Young against 23 defendants. On August 18, 2009, the Court dismissed the original complaint. See Court’s Docket Doc. No. 54. On August 28, 2009, Plaintiffs filed a First Amended Complaint (“FAC”). The City of Visalia (“the City”), along with 14 individual Visalia police officers (the “Visalia Officers”), have filed a Rule 12(b)(6) motion to dismiss. The motion will be granted in part.

FACTUAL BACKGROUND

As alleged in the complaint, on November 29, 2007, Defendant Nathan Flaws of the Visalia Police Department obtained a search warrant for property owned and occupied by Plaintiffs. The search warrant application identified the property as having multiple structures and an address of 29022 Road 164. The application did not include a description of a separate, adjacent property parcel. The separate, adjacent property was known locally as the “Old Grange Hall” and had its own separate address, 29006 Road 164, prominently printed on the side of its mailbox. A wooden fence ran along most of the boundary between the “Old Grange Hall” and 29022 Road 164, and other physical…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.

Parties

Thad YOUNG and Sandra Young
Plaintiff
CITY OF VISALIA
Defendant

Judges

Anthony W. Ishii

Cites (52)

384 F.3d 731
355 U.S. 41
262 F.3d 871
515 F.3d 224
129 S. Ct. 1937
534 F.3d 1116
250 F.3d 729
540 F.3d 916
120 F.3d 1075
358 F.3d 1097
536 F.3d 1049
266 F.3d 979
328 F.3d 1136
550 U.S. 544
521 F.3d 1061
572 F.3d 962
203 F.3d 1122
298 F.3d 893
436 U.S. 658
442 F.3d 1178
308 F.3d 968
513 F.3d 962
382 F.3d 978
99 F.3d 911
531 F.3d 824
485 U.S. 112
907 F.2d 879
940 F.2d 1211
979 F.2d 1342
223 F.3d 1135
885 F.2d 1439
533 F.3d 1010
687 F. Supp. 2d 1141
250 F.3d 668
19 Cal. 4th 925
156 Cal. App. 4th 238
31 Cal. 4th 1175
942 F. Supp. 1295
63 Cal. App. 2d 1
224 Cal. App. 2d 212
7 Cal. 4th 503
49 Cal. 3d 39
539 F. Supp. 2d 1192
114 Cal. App. 4th 208
46 Cal. App. 4th 1559
43 Cal. App. 4th 539
46 Cal. 4th 1035
6 Cal. 4th 965
101 Cal. App. 4th 448
95 Cal. App. 4th 448
27 Cal. App. Supp. 2d 775
150 Cal. App. 4th 384