Foti
Foti v. County of San Mateo
Opinion
Lead Opinion
MEMORANDUM **
Robert-John: Foti appeals the district court’s dismissal of his action under 42 U.S.C. § 1983 alleging false arrest and imprisonment and violations of his Fourth, Fifth, Sixth, and Seventh Amendment rights in connection with his arrests in 1995 and 1999. On May 14, 2001, the district court dismissed Mr. Foti’s claims against Judge Craig L. Parsons and against California Highway Patrol officers Theresa Simmons and K.E. Gibbons (collectively, “officers”) pursuant to Federal Rule of Civil Procedure 12(b)(6). The court ruled that Mr. Foti’s claims against Judge Parsons were barred by the doctrine of judicial immunity, and that his claims against the officers were barred by the statute of limitations. The district court also dismissed Mr. Foti’s claims against the County of San Mateo (“County”), concluding that he had failed to state a claim of municipal liability against the County, but granted him leave to amend his complaint. Mr. Foti filed an amended complaint, and the County filed a new motion to dismiss. On August 17, 2001, the district court dismissed Mr. Foti’s claims against County, concluding that Mr. Foti had failed to state a claim of municipal liability.