Buckheit

Buckheit v. Dennis

Good Law
713 F. Supp. 2d 910·2010 WL 1998767·2010 U.S. Dist. LEXIS 48958
United States District Court, Northern District of CaliforniaMay 18, 2010Case C 09-5000 JCSCalifornia8,043 words

Opinion

Opinion

Spero, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS [Docket Nos. 24, 31]

I. INTRODUCTION

Plaintiff Jonathan Buckheit (hereafter “Plaintiff’) filed this action, alleging federal and state law claims arising out of his arrest and imprisonment resulting from a domestic dispute at his home. Defendant Town of Atherton and Officers Tony Dennis, Dean DeVlugt, and Anthony Kockler (hereafter “Town” and “Officer Defendants”) and Defendant County of San Mateo (hereafter “County”) filed separate Motions to Dismiss the First Amended Complaint in its entirety. Plaintiff opposes both motions. The parties have consented to the jurisdiction of this court. A hearing was held on May 7, 2010 at 9:30 a.m., at which counsel for the parties appeared.

The Court has reviewed the papers submitted and the arguments of counsel at the hearing. For the reasons explained below, the Court GRANTS IN PART AND DENIES IN PART Defendants’ Motions to Dismiss. Plaintiff will be given one opportunity to amend the First Amended Complaint, as discussed in greater detail below. Plaintiffs Second Amended Complaint shall be filed within thirty (30) days of the date of this Order.

II. BACKGROUND

A.…

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