Eberhard

Eberhard v. California Highway Patrol

Good Law
73 F. Supp. 3d 1122·2014 WL 5794549·44 Media L. Rep. (BNA) 1151·2014 U.S. Dist. LEXIS 158109
United States District Court, Northern District of CaliforniaNovember 6, 2014Case No. 14-cv-01910-JDCalifornia5,332 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.