Fitzgerald
Fitzgerald v. City of Fresno
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 3 RICHARD FITZGERALD, CASE NO. 1:21-CV-01409-AWI-SAB
Plaintiff,
ORDER ON DEFENDANTS’ MOTION
v. TO DISMISS COMPLAINT
CITY OF FRESNO; THOMAS ESQUEDA, City Manager, PACO (Doc. No. 6) BALDERRAMA, Chief of Police for the City of Fresno, JERRY DYER, Mayor of Fresno; and DOES 1 through 20, inclusive,
Defendants.
11 This case involves an employment dispute between Plaintiff Richard Fitzgerald and 12 Defendants City of Fresno, Jerry Dyer, Thomas Esqueda, and Paco Balderrama. Following his 13 removal from employment, Plaintiff initiated this lawsuit asserting state and federal law claims in 14 state court. Defendants removed the matter to this Court on the basis of federal question 15 jurisdiction. Pending before the Court is Defendants’ Motion to Dismiss and to Strike Portions of 16 the Complaint (Doc. No. 6). Defendants seek dismissal of four causes of action and all official 17 capacity claims against the individual Defendants. For the following reasons, the Court will grant 18 in…