Williams v. County of Alameda

ORDER

Docket 46,

Curtis D. Williams (“Plaintiff’) brings the instant civil rights action against the County of Alameda (the “County”) and six law enforcement officers 1 alleging various claims for relief under 42 U.S.C. § 1983 arising out of a warrantless entry into his residence. See Dkt. 44. The parties are presently before the Court on Defendants’ motion to dismiss and motion to strike. Dkt. 46, 47. Plaintiff opposes the motion to dismiss, but does not oppose the motion to strike. Dkt. 48. 49. Having read and considered the papers filed in connection with these matters and being fully informed, the Court hereby DENIES Defendants’ motion to dismiss, and DENIES Defendants’ motion to strike. For the reasons stated below, the Court converts Defendants’ unopposed motion to strike into a motion to dismiss and DISMISSES Plaintiffs claims for punitive damages against Sergeant Felix and Lieutenant Madigan. The Court, in its discretion, finds these matters suitable for resolution without oral argument. See Fed.R.Civ.P. 78(b); N.D. Cal. Civ. L.R. 7 — 1(b).

I. BACKGROUND

The following facts, which are taken from the SAG, are accepted as true for purposes of resolving the motions…