London Wallace v. City of Fresno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 LONDON WALLACE, by and through his CASE NO. 1:19-CV-1199 AWI SAB guardian ad litem Lois Robinson, 8 Plaintiff ORDER ON DEFENDANTS’ RULE 12(b)(6) MOTION TO DISMISS v. 10 CITY OF FRESNO, FRESNO POLICE (Doc. No. 17) DEPARTMENT, OFFICER

CHRISTOPHER MARTINEZ, OFFICER

RICARDO LOZA, and DOES 2 to 25, inclusive, 13 Defendants 14 15 This case arises from a confrontation involving minor Plaintiff London Wallace (“Wallace”) and two members of the Fresno Police Department (“FPD”). Wallace alleges claims under 42 U.S.C. § 1983 for excessive force in violation of the Fourth Amendment and Monell liability, as well as state law claims for battery, negligence, intentional infliction of emotional distress, false imprisonment, and the Bane Act. The operative complaint is the First Amended Complaint (“FAC”). Currently before the Court is Defendants’ Rule 12(b)(6) motion to dismiss the third cause of action for Monell liability. For the reasons that follow, Defendants’ motion will be…