McFarland
McFarland v. City of Clovis
Opinion
Lead Opinion
Ishii, J.
ORDER ON DEFENDANTS’ MOTION TO DISMISS
This case arises from an encounter between Plaintiff Lyle McFarland (“McFarland”) and Defendant Officer Jacob Rios (“Rios”) of the City of Clovis Police Department (“Clovis P.D.”). In the First Amended Complaint (“FAC”), McFarland brings claims under California law and 42 U.S.C. § 1983 for violations of his Fourth Amendment rights by Rios and an unknown Clovis P.D. officer. The City of Clovis (“the City”) and the Clovis P.D. now move under Rule 12(b)(6) to dismiss the Fourth Cause of Action for violation of California Civil Code § 52.1 and the Mo-nellelsims in the First, Second, and Third Causes of Action. For the reasons that follow, the motion will be granted in part and denied in part.
RULE 12(b)(6) FRAMEWORK
Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the plaintiffs “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). A dismissal under Rule 12(b)(6) may be based on the lack of a cognizable legal theory or on the absence of sufficient facts alleged under a cognizable legal theory. Conservation Force v. Salazar, 646 F.3d 1240, 1242 (9th Cir.2011); Johnson v.…