King
King v. City of Antioch
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…