Kyle Zoellner v. Eric Losey

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KYLE CHRISTOPHER ZOELLNER, Case No. 18-cv-04471-EMC

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS

CITY OF ARCATA, et al., Docket No. 84 Defendants.

12 13 Defendants have moved to dismiss certain claims asserted in Plaintiff Kyle Zoellner’s third amended complaint (TAC). The Court held a hearing on the motion on November 12, 2020. This order memorializes the Court’s oral rulings and provides additional analysis, as necessary. For the following reasons, the motion is GRANTED. I. DISCUSSION A. Fourth Cause of Action: Unconstitutional Policy, Custom, or Practice in Violation of § 1983 (the “Monell1 Claim”) “[M]unicipalities may be liable under § 1983 for constitutional injuries pursuant to (1) an official policy; (2) a pervasive practice or program; (3) a failure to train, supervise, or discipline; or (4) a decision or act by a final policymaker.” Horton v. City of…