Johnson v. Shasta County

Good Law
83 F. Supp. 3d 918·2015 WL 75245·2015 U.S. Dist. LEXIS 1106
United States District Court, Eastern District of CaliforniaJanuary 6, 2015No. 2:14-cv-01338-KJM-EFBCalifornia6,973 words

Opinion

Lead Opinion

Mueller, J.

*923 ORDER

This matter is before the court on the motion by defendants Sutter County, Matthew Maples, James Casner, and Michael Gwinnup (Sutter defendants) to dismiss plaintiffs’ First Amended Complaint under Federal Rule of Civil Procedure 12(b)(6). (Defs.’ Mot. to Dismiss, ECF No. 6.) Plaintiffs oppose the motion (Pis.’ Opp’n, ECF No. 9), and the Sutter defendants have replied (ECF No. 10). In support of their opposition plaintiffs filed a request for judicial notice, including a declaration and exhibits. (ECF Nos. 9-1 through 9-7.) The Sutter defendants object and move to strike the request for judicial notice and the declaration and the exhibits. (ECF No. 11.) The court need not address the Sutter defendants’ objection and motion to strike because the court does not rely on the facts submitted in connection with plaintiffs’ request for judicial notice. Finding the matter suitable for disposition on the papers, the court submitted the motion without argument. As explained below, the court GRANTS in part and DENIES in part defendants’ motion.

I. ALLEGATIONS OF THE COMPLAINT

On June 4, 2014, plaintiffs filed a first amended complaint (the Complaint) against defendants Shasta…

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