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 DENYING MOTION TO
v. DISMISS
CITY OF ANTIOCH, et al., Re: Dkt. No. 23 Defendants.
12 I. INTRODUCTION Frank Sterling brings this 42 U.S.C. § 1983 case against the City of Antioch and individual members of the Antioch Police Department (“APD”), alleging APD officers unlawfully arrested him and used excessive force. Pending before the Court is the City of Antioch’s Motion to Dismiss Sterling’s Monell1 claim pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 23. Sterling filed an Opposition (ECF No. 24) and Defendant filed a Reply (ECF No. 25). For the reasons stated below, the Court DENIES Defendant’s motion.2 II. BACKGROUND A. Factual Background On September 17, 2021, Sterling and other demonstrators protested the public retirement party of APD Chief Tammany Brooks at…