Cb

C.B. v. Sonora School District

Good Law
691 F. Supp. 2d 1170·2010 WL 891244·2010 U.S. Dist. LEXIS 65092
United States District Court, Eastern District of CaliforniaMarch 8, 2010CV-F-09-285 OWW/DLBCalifornia5,005 words

Opinion

Opinion

Wanger, J.

MEMORANDUM DECISION DENYING DEFENDANTS’ CITY OF SONORA, CHIEF OF POLICE MACE McINTOSH AND OFFICER HAL PROCK’S MOTION TO DISMISS FIRST AMENDED COMPLAINT AND FOR MORE DEFINITE STATEMENT (Doc. 58)

Before the Court is the motion of Defendants City of Sonora, Chief of Police Mace McIntosh and Officer Hal Prock’s motion to dismiss the First Amended Complaint (“FAC”) and for a more definite statement.

Plaintiff filed the FAC pursuant to the Memorandum Decision filed on September 22, 2009, 691 F.Supp.2d 1123 (E.D.Cal.2009) (“September 22 Memorandum Decision”). As “Facts Common to All Causes of Action,” the FAC alleges:

The FAC alleges causes of action for false imprisonment (Second Cause of Action), battery (Third Cause of Action), intentional infliction of emotional distress (Fourth Cause of Action), excessive force in violation of 42 U.S.C. § 1983 (Eighth Cause of Action), and Monell liability (Ninth Cause of Action).

Defendants move to dismiss these causes of action for failure to state a claim upon which relief can be granted. Alternatively, Defendants move for a more definite statement.

A. MOTION TO DISMISS.

1. Governing Standards.

A motion to dismiss under Rule 12(b)(6) tests…

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