Tamrat
Tamrat v. Rhodes
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HERMAN TAMRAT, Case No. 20-cv-01323-PJH
Plaintiff,
ORDER DENYING MOTION FOR
v. RECONSIDERATION
ERICK RHODES, et al., Re: Dkt. Nos. 31, 32 Defendants.
12 Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. The court recently ordered service of the third amended complaint on two defendants and dismissed the police chief defendant because plaintiff had failed to link this defendant to the incident or present a cognizable claim for municipal liability pursuant to Monell v. Dep’t of Social Servs., 436 U.S. 658, 690 (1978). Plaintiff has filed a motion for reconsideration (Docket No. 32) arguing that the police chief defendant is liable under state law and should be included in this action. The California Tort Claims Act, see Cal. Gov’t Code §§ 810, et seq. -- commonly referred to as the California Government Claims Act by the courts, see City of Stockton v. …