Blickenstaff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EVAN WILLIAM BLICKENSTAFF, Case No. 21-cv-09952-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

CITY OF HAYWARD, et al., Re: Dkt. No. 32 Defendants.

12 Plaintiff Evan Blickenstaff accuses defendants City of Hayward (“the City”) and six Hayward police officers (Daniel Morgan, Alicia Romero, Roberto Gonzalez, Tommie Clayton, Ryan Cantrell, and Garett Wagner) (collectively, “the defendants”) of violating his civil rights and other laws when they towed a motor home in which Blickenstaff was living. As currently pleaded, Blickenstaff has not plausibly alleged a Fourth Amendment violation because the seizure of his motor home appears to fall within the community caretaking exception to the warrant requirement. Nor does he allege a violation of procedural due process under the Fourteenth Amendment because a sticker placed on the vehicle provided sufficient notice of removal and he has not shown that exceptions to the post-tow hearing…