Mitchell v. County of Contra Costa

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KESHAWN FULTON MITCHELL, Case No. 21-cv-05014-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. AMENDED COMPLAINT

COUNTY OF CONTRA COSTA, et al., Re: Dkt. No. 27 Defendants.

Plaintiff Keshawn Fulton Mitchell filed a complaint against Defendants County of Contra Costa (“Contra Costa”) and law enforcement officers Thomas Brook and Kyle Emley alleging claims arising out of his February 2020 arrest. The court previously dismissed Mitchell’s claims for supervisory liability and municipal liability under Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978), and Mitchell filed an amended complaint. Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the amended supervisory liability and Monell claims. [Docket No. 27.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted in part and denied in part. 20 I. …