Hoa

ORDER GRANTING CROSS-DEFENDANTS’ MOTION TO DISMISS

(Docket No. 146)

David F. Lopez, T. Gregory Stagnito, Bridge Transport, and Stag Leasing Inc. (collectively “Cross-Defendants”) have moved to dismiss Richard Riley, Raymond Matteucci, David Moore, Ronald Chan, Tammy Foss, Thomas Alioto, and George Moon’s (collectively “Cross-Claimants”) cross-complaint for equitable indemnity, contribution and declaratory relief. Cross-Claimants sought equitable indemnity and contribution from Cross-Defendants in the event they are held liable to Plaintiff Paul Hoa for violations of 42 U.S.C. § 1983 . Cross-Defendants argue that there is no federal right to indemnification or contribution under 42 U.S.C. § 1983 and thus Cross-Claimants have failed to state a claim under federal law. Cross-Defendants further contend that Cross-Claimants cannot bring claims for equitable indemnity or contribution under state law. The Court GRANTS Cross-Defendants’ motion to dismiss, because Cross-Claimants may not seek indemnity and contribution under Section 1983, and any such rights under state law would be inconsistent with the goals of Section 1983.

I. FACTUAL & PROCEDURAL BACKGROUND

For purposes of…