Eberhard
Eberhard v. California Highway Patrol
Opinion
Lead Opinion
Donato, J.
ORDER GRANTING MOTIONS TO DISMISS
Dkt. Nos.: 23,
This lawsuit arises out of allegations by plaintiff Stephen Eberhard, a photojournalist, that he was harassed and unlawfully arrested by officers of the California Highway Patrol. Eberhard sued the arresting officers, the California Highway Patrol, the California Department of Transportation, California Highway Patrol Chief Bridget Lott, and California Department of Transportation District 1 Director Charlie Fielder. Lott and Fielder are alleged to have jointly released after Eberhard’s arrest a “letter to the editor” missive discussing their respective government agencies’ roles in the incident. Lott wrote an additional letter tó a journalism organization defending the California Highway Patrol’s conduct.
Defendants California Department of Transportation, Fielder, and Lott move to dismiss Eberhard’s claims against them under Federal Rule of Civil Procedure 12(b)(6). The motions involve only a portion of the claims in the first amended complaint. The unaffected claims will continue to move forward. For the challenged claims, the Court grants the motions and dismisses them without prejudice and subject to an opportunity to…