Caldwell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MAURICE CALDWELL, Case No. 12-cv-01892-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

CITY OF SAN FRANCISCO, et al., Re: Dkt. No. 422 Defendants.

Plaintiff Maurice Caldwell spent nearly 20 years in prison following his 1991 conviction for second degree murder. He was released from prison in 2010 after a state court granted his petition for a writ of habeas corpus on the basis of ineffective assistance of counsel. Following his release, Caldwell filed this lawsuit alleging that officers in the San Francisco Police Department (“SFPD”) fabricated evidence against him during the murder investigation. Defendants Kitt Crenshaw, a former SFPD officer, and the City and County of San Francisco (“San Francisco”) now move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Caldwell’s second amended complaint (“SAC”). [Docket No. 422.] This motion is appropriate for determination without oral…