Pierce

ORDER DENYING DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT; DIRECTING PLAINTIFF'S COUNSEL TO SERVE DEFENDANT PENDER WITH FAC (U.S. MARSHALS NO LONGER REQUIRED TO EFFECT SERVICE)

Re: Dkt. No.

SUSAN ILLSTON, United States District Judge *987 On February 2, 2018, the Court held a hearing on the Marin County defendants' motion to dismiss the first amended complaint. For the reasons set forth below, the Court DENIES defendants' motion.

BACKGROUND

I. Factual Background

This lawsuit arises from plaintiff Jillian L. Pierce's repeated arrests and detentions based on a warrant issued for another individual named Arin Emily Huggard. First Amended Complaint ("FAC"), Dkt. No. 41 at ¶ 26. Huggard is "[w]hite, 5' 6? tall, and has distinctive tattoos ...." Id. ¶ 25. The FAC alleges that plaintiff "does not appear to be white and, in fact, she is of mixed ethnicity, including Filipino, and her skin complexion is dark," and that "Huggard's distinctive tattoos are unique to her." Id.

According to the FAC, on or around July 15, 2013, Huggard was arrested in the County of Marin and was booked into the Marin County Jail ("MCJ"). Id. ¶ 19. Huggard was fingerprinted and photographed…