Duane Folke v. City of Los Angeles
Opinion
Trial Court Opinion
O
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United States District Court Central District of California
11 DUANE R. FOLKE, Case № 2:21-cv-03038-ODW (Ex)
Plaintiff,
ORDER GRANTING IN PART
v. 14 C ITY OF LOS ANGELES et al., MOTION TO DISMISS [18]
15 Defendants.
16 I. INTRODUCTION On April 7, 2021, Plaintiff Duane Folke filed this action against the City of Los 19 Angeles (the “City”), Officer Whitey (the City and Whitey together, “Defendants”), 20 the Los Angeles Police Department (“LAPD”), Sargent Ferrer, Detective Yepp, and 21 Officer Lewis. (Compl., ECF No. 1.) Folke asserts five claims related to violations of 22 his civil rights including illegal search and seizure under the Fourteenth Amendment. 23 (Id.) Defendants move to dismiss all claims, asserting they are barred by the statute of 24 limitations and the Heck doctrine, and the Complaint otherwise fails to allege viable 25 claims. (Mot. Dismiss (“Mot.”), ECF No. 18.) For the following reasons, the Court 26 GRANTS IN PART and DENIES IN PART Defendants’ Motion.1
28 1 Having carefully considered the papers filed…