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. THIRD AMENDED COMPLAINT AND

MOTION FOR RECONSIDERATION

CITY OF SAN FRANCISCO, Re: Dkt. Nos. 62, 65 Defendant.

This order resolves defendants’ motion to dismiss plaintiffs’ third amended complaint under Federal Rule of Civil Procedure 12(b)(6), Dkt. No. 62, and plaintiffs’ motion to reconsider, Dkt. No. 65. The motion to dismiss is granted, and the reconsideration request is denied. DISCUSSION I. DEFENDANTS’ MOTION TO DISMISS This is the Court’s third motion to dismiss order in this case. In the first order, the amended complaint’s second and third claims were dismissed, but dismissal was denied for plaintiffs’ first claim, which asserted a violation of 42 U.S.C. § 1983 and § 1988 on the basis that defendants had “deprived plaintiffs of the[ir] constitutional rights” under the Fourteenth Amendment to the United…