Sterling
Sterling v. Antioch
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FRANK STERLING, Case No. 22-cv-07558-TSH
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
CITY OF ANTIOCH, et al., Re: Dkt. No. 8 Defendants.
12 I. INTRODUCTION Plaintiff Frank Sterling brings this 42 U.S.C. § 1983 case against Defendants City of Antioch and Antioch Police Department (“APD”) Chief Tammany Brooks, alleging APD officers unlawfully arrested him and used excessive force. Pending before the Court is Defendants’ Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 8. Sterling filed an Opposition (ECF No. 14) and Defendants filed a Reply (ECF No. 17). The Court finds this matter suitable for disposition without oral argument and VACATES the March 30, 2023 hearing. See Civ. L.R. 7-1(b). For the reasons stated below, the Court GRANTS Defendants’ motion.1 II. BACKGROUND On September 17, 2021, Sterling and a few…