Harned

This matter is before the court on defendant’s motion to dismiss. The standards for such motions are well-known and need not be repeated here. See Johnson v. City of Chico, 725 F.Supp. 1097, 1098 (E.D.Cal.1989).

I.

PLAINTIFF’S CAUSE OF ACTION

Plaintiff brings suit under 42 U.S.C. § 1983 against John Landahl, a Folsom City Police Officer. Plaintiff alleges that Landahl submitted an affidavit which contained materially false representations to a state judge in support of a search warrant. In reliance on that affidavit a warrant issued authorizing the search of plaintiffs home, vehicle, computer and private papers. The warrant was executed on July 19, 1996. Based on the items seized pursuant to the warrant, the State filed a felony complaint against plaintiff on August 16,1996. Thereafter, on May 8, 1997, the United States Attorney filed a federal indictment and the state charges were dismissed in favor of the federal suit. The federal criminal case was assigned to the Honorable Frank C. Damrell, Jr. of this court.

After a hearing, Judge Damrell determined that the áffidavit contained false statements made either intentionally or in reckless disregard of the truth. Upon excising…