Mitchell v. County of Contra Costa

Good Law
United States District Court, Northern District of CaliforniaJanuary 26, 20234:21-cv-05014California1,078 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER DENYING MOTION FOR

v. LEAVE TO FILE MOTION FOR

RECONSIDERATION

COUNTY OF CONTRA COSTA, et al., Re: Dkt. No. 58 Defendants.

Plaintiff Keshawn Fulton Mitchell filed this action under 42 U.S.C. § 1983 against Defendants County of Contra Costa (“Contra Costa”) and law enforcement officers Thomas Brook and Kyle Emley alleging claims stemming from his February 2020 arrest. Defendants moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Mitchell’s claim for malicious prosecution, which the court denied on November 14, 2022. [Docket No. 57.] Defendants now move pursuant to Civil Local Rule 7-9 for leave to file a motion for reconsideration of the order denying its motion to dismiss the malicious prosecution claim. [Docket No. 58.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is…

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