Bennett Montoya v. City of San Francisco, CA.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BENNETT MONTOYA, Case No. 17-cv-06534-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

CITY OF SAN FRANCISCO, Re: Dkt. No. 54 Defendant.

This order resolves defendants’ motion to dismiss plaintiffs’ second amended complaint under Federal Rule of Civil Procedure 12(b)(6), or in the alternative for a more definite statement under Federal Rule of Civil Procedure 12(e). Dkt. No. 54. DISCUSSION The parties’ familiarity with the facts and record are assumed. The Court orders as follows: 1. Scope of Plaintiffs’ First Cause of Action The Court dismissed plaintiffs’ second and third causes of action, and noted that “[t]his leaves only plaintiffs’ first claim, for a violation of 42 U.S.C. § 1983 and § 1988, on the basis that defendants ‘deprived plaintiffs of the[ir] constitutional rights’ under the Fourteenth Amendment to the United States Constitution ‘in…