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 GRANTING LEAVE TO FILE

v. SECOND AMENDED COMPLAINT

COUNTY OF CONTRA COSTA, et al., Re: Dkt. No. 40 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. Mitchell now moves pursuant to Federal Rule of Civil Procedure 15(a) to file a second amended complaint that adds a claim for malicious prosecution under 42 U.S.C. § 1983. [Docket No. 40.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted. I. BACKGROUND AND PROCEDURAL HISTORY The operative first amended complaint contains the following allegations: Brook and Emley are officers with the Contra Costa County Sheriff’s Office (“CCCSO”). [Docket No. 25…