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. SECOND AMENDED COMPLAINT

COUNTY OF CONTRA COSTA, et al., Re: Dkt. No. 50 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. Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(6)1 to dismiss Mitchell’s 42 U.S.C. § 1983 claim for malicious prosecution. [Docket No. 50.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is denied. I. BACKGROUND AND PROCEDURAL HISTORY The operative second amended complaint (“SAC”) contains the following allegations: Brook and Emley are officers with the Contra Costa County Sheriff’s Office (“CCCSO”). [Docket No. 49 (Second Am.…