Hayes

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MANDINGO HAYES, Case No. 20-cv-04283-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

DEDRICK RILEY, et al., Re: Dkt. No. 9 Defendants.

Mandigo Hayes sued Officer Dedrick Riley and the City of Richmond under 42 U.S.C. § 1983 for violations of the First and Fourth Amendment. The complaint alleges that Officer Riley beat Hayes with a baton after Hayes used his cell phone to record Officer Riley attempting to tow Hayes’ car, and that Officer Riley has engaged in three prior acts of violent misconduct. The complaint further alleges that the City of Richmond has “a history of retaining and protecting officers” who are violent criminals, as evidenced by Officer Riley’s continued service on the force and by the City’s treatment of another police officer (Officer Wang) who was allegedly associated with a drug cartel. The City has filed a motion to dismiss, arguing that Hayes failed to plead sufficient facts to state a claim for municipal liability. The motion is granted, but with leave to amend. A local government can be held liable under section…