King

King v. City of Antioch

Good Law
United States District Court, Northern District of CaliforniaJune 7, 20213:20-cv-06535California509 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TROY KING, Case No. 20-cv-06535-AGT

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS FIRST AMENDED

COMPLAINT

CITY OF ANTIOCH, et al., Re: Dkt. No. 24 Defendants.

1. As in his original complaint, King seeks to hold Antioch liable based only on acts committed by Antioch police officers in the scope of their employment. This is a respondeat superior theory of liability, and a municipality may not be sued on this theory for constitutional injuries. See Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019). King has now had two opportunities to identify deliberate action by Antioch. He hasn’t done so, which leads the Court to conclude that further amendment of his constitutional claims against Antioch would be futile. These claims are dismissed with prejudice. 2. King continues to sue unidentified Antioch police officers as Doe defendants. The Court gave King three months to identify these defendants, but it…

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