Medeiros

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS FIRST AMENDED COMPLAINT (Doc. 36)

Plaintiff Theodore Furtado Medeiros has filed a First Amended Complaint (“FAC”) for Damages against Defendants Merced County Sheriff Deputy Clark (# 5142) and Merced County Sheriff Deputy Eric Macias (# 5185), individually and in their official capacities, and Does 1-20. The FAC alleges:

The First Cause of Action is for violation of 42 U.S.C. § 1983 for excessive force, arrest without probable cause, imprisonment and false and malicious prosecution, and covering up these acts and depriving plaintiff of rights to recover for his damages, and alleges in pertinent part:

The Second Cause of Action is for malicious prosecution, and alleges in pertinent part:

The Third Cause of Action is for false imprisonment and alleges in pertinent part:

Defendants move to dismiss the FAC for failure to state a claim upon which relief can be granted.

Plaintiff concedes that the Second Cause of Action is barred by California Government Code § 821.6.

A. GOVERNING STANDARDS.

A motion to dismiss under Rule 12(b)(6) tests the sufficiency of the complaint. Navarro v.…