Silva

Silva v. Yosemite Community College District

Good Law
United States District Court, Eastern District of CaliforniaDecember 17, 20191:19-cv-00795California7,995 words

Opinion

Trial Court Opinion

I. INTRODUCTION

16 Plaintiff Bryan Silva, Ph.D., formerly known as Frank Drummond, Ph.D., raises various state

17 and potentially federal claims. Defendant Yosemite Community College District filed a motion to

18 dismiss, motion to strike, and motion for order requiring Plaintiff to post security. Plaintiff requested

19 the opportunity for discovery. The Court has reviewed the facts and evidence in the record in light of

20 applicable authorities and only discusses here the facts and arguments that are material and dispositive.

21 The Court has determined the motion to dismiss, motion to strike, request for discovery, and motion for

22 order requiring Plaintiff to post security before proceeding are suitable for decision based on the papers

23 under Local Rule 230(g). For the reasons stated below, Defendant’s motion to dismiss is GRANTED

24 without leave to amend.

25 Plaintiff’s Complaint arises from his arrest over ten years ago. Plaintiff is a tenured professor in

the Administration of Criminal Justice Department at Modesto Junior College. See ECF No. 1 ¶ 1. On

August 28, 2009, Plaintiff was arrested at a staff meeting at Modesto Junior College. See id.…

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