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 IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS FIFTH

CITY OF ARCATA, et al., AMENDED COMPLAINT Defendants. Docket No. 107

12 13 Plaintiff Kyle C. Zoellner filed suit against the City of Arcata (“City”), several City police officers, and several City officials. Mr. Zoellner asserts claims for, inter alia, unlawful arrest, malicious prosecution, and interference with petitioning rights related to his arrest and prosecution for a murder he contends he did not commit. Currently pending before the Court is Defendants’ motion to dismiss the operative fifth amended complaint (“5AC”). Defendants do not attack all claims asserted in the 5AC but rather only certain claims, including the § 1983 claims against the City. Having considered the parties’ briefs as well as the argument of counsel, the Court hereby GRANTS in part and DENIES…