Avery
Avery v. Arreola
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEFFREY AVERY, Case No. 22-cv-08940-SI
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS SECOND AMENDED
RAFAEL ARREOLA, et al., COMPLAINT Defendants. Re: Dkt. No.
12 On October 13, 2023, the Court held a hearing on defendants’ motion to dismiss the second amended complaint (“SAC”). At the hearing, the Court requested plaintiff file a declaration attaching the administrative complaint he references in the SAC. Plaintiff filed his declaration on October 18, 2023. Dkt. No. 46. The Court now rules as follows. 18 BACKGROUND Plaintiff Jeffery Avery brings this civil rights complaint against Bay Area Rapid Transit (“BART”) police officers Rafael Arreola, N. Washam, M. Norriega, and R. Martinez (collectively, “defendants”), as well as Does 1-25. The second amended complaint alleges that plaintiff worked for BART at the time of the…