Pitts

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 GERALD PITTS, No. 2:20-cv-01243 WBS JDP Plaintiff, v. MEMORANDUM AND ORDER RE:

DEFENDANTS’ MOTION TO DISMISS

CALIFORNIA HIGHWAY PATROL AND PLAINTIFF’S MOTION FOR

OFFICERS D. BAUMGARTNER, LEAVE TO AMEND

HARDMAN, SKINNER, LANGFORD, DOES 1-25, 17 Defendants.

19 ----oo0oo---- 20 Plaintiff filed this action against four California 21 Highway Patrol officers pursuant to 28 U.S.C. § 1983 alleging: 22 (1) excessive force and failure to intervene in violation of the 23 Fourth Amendment, (2) deliberate fabrication of evidence in 24 violation of the Fourteenth Amendment, and (3) malicious 25 prosecution in violation of the Fourth Amendment. (Docket No. 26 1.) Defendants now move to dismiss the complaint pursuant to 27 Federal Rule of Civil Procedure 12(b)(5) for insufficient service 28 of process, or alternatively, defendants move to dismiss the complaint’s second and third claims pursuant to Federal Rule of 3 …