Escobar-Lopez

Escobar-Lopez v. City of Daly City

Good Law
United States District Court, Northern District of CaliforniaMarch 23, 20213:20-cv-01781California3,344 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE ARMANDO ESCOBAR-LOPEZ, Case No. 20-cv-01781-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 23 CITY OF DALY CITY, et al., Defendants.

12 Plaintiff Escobar-Lopez, a citizen of El Salvador, was arrested in Daly City by officers of the Daly City Police Department (DCPD) on a federal immigration warrant. He contends that the officers lacked authority under federal and California state law to make the arrest, particularly in light of two recently enacted California statutes aimed at limiting the use of state and local resources for immigration enforcement -- the Values Act, Cal. Gov’t Code § 7284 et seq., and the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, id. § 7283 et seq. In a 63-page complaint, not counting the attachments, he alleges two federal counts under 42 U.S.C. § 1983 (Section 1983) on Fourth Amendment and due process grounds, and twelve California state law counts. Escobar-Lopez sued Daly City and the DCPD. He did not name the…

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