Lucas

Lucas v. County of Fresno

Good Law
United States District Court, Eastern District of CaliforniaJanuary 24, 20221:18-cv-01488California381 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMI LUCAS, et al., Case No. 1:18-cv-01488-DAD-EPG Plaintiff, ORDER REGARDING STIPULATION TO

DISMISS PLAINTIFFS’ MONELL CLAIM

v. PREMISED UPON ALLEGED CUSTOM OF

UNSAFE FIREARM HANDLING

COUNTY OF FRESNO, (ECF No. 72) Defendant. 16 Before the Court is the parties’ stipulation requesting “dismissal of Plaintiffs’ Monell claim premised upon the alleged custom of unsafe firearm handling, with prejudice, pursuant to Federal Rule of Civil Procedure 15(a) and the Court’s inherent power.” (ECF No. 72.) To the extent the parties seek dismissal of the claim without filing an amended complaint, the stipulation appears to be a renewed request for dismissal pursuant to Federal Rule of Civil Procedure 41. However, as explained in the Court’s January 4, 2022 order regarding the parties’ stipulation to dismiss Plaintiffs’ Monell claim pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) (see ECF No. 67), Federal Rule of Civil…

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