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 GRANTING DEFENDANTS' v. MOTION TO DISMISS

THOMAS BROOK, et al., Re: Dkt. No. 98 Defendants.

Plaintiff Keshawn Fulton Mitchell filed a complaint under 42 U.S.C. § 1983 alleging constitutional violations arising out of his February 2020 arrest. Defendants Thomas Brook and Kyle Emley now move to dismiss the second amended complaint pursuant to 28 U.S.C. § 1915(e). [Docket No. 98.] The court held a hearing on June 22, 2023. For the following reasons, the motion is granted. I. BACKGROUND1 A. Factual Background and Procedural History Mitchell’s original complaint alleged a 42 U.S.C. § 1983 claim for violations of the Fourth Amendment based on excessive force, unlawful arrest, and fabrication of material facts against Brook and Emley and section 1983 claims against Contra Costa for municipal liability under Monell v. Department of…