Mazzetti
Mazzetti v. Bellino
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.