Allen Bernard Shay v. County of Los Angeles

I. INTRODUCTION

This case arises out of the detention of plaintiff Allen B. Shay (“Shay”) by defendant Detective Christopher Derry (“Detective Derry”) of defendant Los Angeles County and the Los Angeles County Sheriff’s Department (collectively “the County”) between May 20, 2014 and May 31, 2014. Shay filed a complaint to initiate this action on June 17, 2015. ECF No. 1 (“Compl.”). Defendants filed a motion to dismiss the complaint on September 14, 2015, ECF No. 20, which the Court granted in part and denied in part on October 26, 2015, ECF No. 23. Shay filed his second amended complaint, the operative pleading, on November 4, 2015. ECF No. 24 (“SAC”). The SAC alleges four claims for relief: (1) a claim pursuant to 42 U.S.C. § 1983 against Detective Derry for violation of Shay’s Fourth and Fourteenth Amendment rights; (2) a claim pursuant to 42 U.S.C. § 1983 and Monell v. Department of Social Services, 436 U.S. 658 (1978) against the County for violation of those same rights; (3) a state law claim for violation of Shay’s rights pursuant to California’s Bane Civil Rights Act, codified at California Civil Code § 52.1; and (4) a state law claim for false…