Oster

Oster v. City of Capitola

Good Law
United States District Court, Northern District of CaliforniaJanuary 11, 20223:21-cv-03562California4,467 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 ANTHONY HARRISON OSTER, Case No. 21-cv-03562-SI

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

CITY OF CAPITOLA, et al., Re: Dkt. No. 20 Defendants.

14 15 Defendants City of Capitola (the City), Police Chief Terry McManus, and officers Samuel Estrada, Alberto Gonzalez, and Steven Anderson (collectively “defendants”) move to dismiss Anthony Oster’s first amended complaint (“FAC,” Dkt. No. 18). Dkt. No. 20 (MTD). Pursuant to Civil Local Rule 7-1(b), the Court found the matter appropriate for resolution without oral argument and VACATED the December 3, 2021 hearing. For the reasons discussed -below, defendants’ motion is GRANTED in part and DENIED in part. 22 BACKGROUND On September 17, 2020, plaintiff filed the FAC alleging nine causes of action, namely: (1) 42 U.S.C. § 1983 (Excessive Force); (2) 42 U.S.C. § 1983 (Unlawful Search & Seizure); (3) 4th…

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