Mazzetti

Mazzetti v. Bellino

Good Law
57 F. Supp. 3d 1262·2014 WL 5781026·2014 U.S. Dist. LEXIS 156574
United States District Court, Eastern District of CaliforniaNovember 5, 2014Case No. 1:13-CV-01123-AWI-GSACalifornia3,425 words

Opinion

Lead Opinion

Ishii, J.

ORDER ON DEFENDANTS’ MOTION TO DISMISS THE SECOND AMENDED COMPLAINT

(Doc. No. 45)

This is a 42 U.S.C. § 1983 Bivens action brought by Plaintiff Michelle Mazzetti (“Mazzetti”) against three park rangers employed at Yosemite National Park (collectively “the Rangers”). The operative complaint is the Second Amended Complaint (“SAC”). Mazzetti alleges various constitutional violations, including a Fourth Amendment malicious prosecution claim. Defendants move to dismiss the malicious prosecution claim under Rule 12(b)(6). For the reasons that follow, Defendants’ motion will be denied.

FACTUAL BACKGROUND

From the SAC, on July 26, 2011, Maz-zetti was in a Yosemite National Park campground with friends. The Rangers approached Mazzetti’s campground to address complaints that someone had been driving a vehicle too quickly through the campground and acting disrespectfully. The Rangers had information that those who had been driving too quickly and acting disrespectfully were all males. Mazzetti is a female. When the rangers approached the campsite, there was no indication of criminal behavior or disorderly conduct, and Mazzetti and her friends were calm.

Ranger Defendants Christopher…

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