Hutchinson

Hutchinson v. Bear Valley Community Services District

Good Law
191 F. Supp. 3d 1117·2016 WL 3254033·2016 U.S. Dist. LEXIS 76727
United States District Court, Eastern District of CaliforniaJune 13, 2016Case No.: 1:15-cv-01047-JLTCalifornia4,485 words

Opinion

Lead Opinion

Thurston, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Defendants Bear Valley Community Services District and David Edmonds seek of the first claim for relief in the Third Amended Complaint filed by Plaintiff Laura Hutchinson pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 34) Defendants assert Plaintiff is unable to. state.a claim for a violation of her First Amendment rights, because the police report she made was not a “protected speech.” Plaintiff opposes the dismissal, arguing the factual allegations are sufficient to support her claims. (Doc. 34)

Because the police report did not raise a matter of public concern, Defendants’ motion to dismiss is GRANTED, and the first cause of action is DISMISSED without leave to amend.

I. Allegations of the Third Amended Complaint

Plaintiff alleges she began working as a police officer for the Bear Valley Police *1119 Department, which is operated- by the Bear Valley Community Services District, in August 2007. (Doc. 30 at 2, ¶¶4, 8) Plaintiff took pregnancy leave in 2008. (Id. at 8, ¶ 9) When Plaintiff returned from leave, she was not required to undergo field training. (Id.)

According to Plaintiff, “she experienced…

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