Casey

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT CASEY, Case No. 4:18-cv-07731-KAW

8 Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT

9 v. COUNTY OF SONOMA AND GREG SCHMIDT'S MOTION TO DISMISS 10 CITY OF SANTA ROSA, et al., Re: Dkt. No. 39 11 Defendants.

12 13 On July 24, 2019, Defendants Greg Schmidt and the County of Sonoma filed a motion to 14 dismiss Plaintiff’s third amended complaint. 15 On September 5, 2019, the Court held a hearing, and, after careful consideration of the 16 parties’ arguments and the applicable legal authority, for the reasons set forth below, the Court 17 GRANTS IN PART AND DENIES IN PART the motion to dismiss. 18 I. BACKGROUND 19 On June 1, 2018, Plaintiff Robert Casey was detained and arrested in Santa Rosa, 20 California. (Third Am. Compl., “TAC,” Dkt No. 37 ¶ 16.) Plaintiff alleges that he was searching 21 for his runaway dog with the help of a stranger along a trail when Defendant officers from the…