Elkins
Elkins v. Novato Police Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LAMONT ELKINS, Case No. 21-cv-07377-SI
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANTS'
MOTION TO DISMISS
NOVATO POLICE DEPARTMENT, et al., Re: Dkt. No. 55 Defendants.
12 On May 13, 2022, defendants City of Novato and its Officers Angel Macias, Reza Pourfarhani, and Derrick Young (“defendants”) filed a motion to dismiss plaintiff’s second amended complaint (“SAC”). Pursuant to Local Rule 7-1(b) the Court found this matter appropriate for resolution without oral argument and therefore VACATED the July 15, 2022 hearing. For the reasons stated below the motion is GRANTED IN PART and DENIED IN PART. 18 BACKGROUND On January 14, 2022, plaintiff filed the First Amended Complaint (“FAC”) alleging six causes of action, namely: (1) 42 U.S.C. § 1983 (Unlawful Search & Seizure) (Monell liability), (2) Malicious Prosecution2, (3) False Arrest, (4)…