Jorge Rodriguez v. City Of Oakland
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 JORGE RODRIGUEZ, Case No. 23-cv-01493-JD
Plaintiff,
SECOND ORDER RE DISMISSAL
v.
CITY OF OAKLAND, et al., Defendants.
10 In a first amended complaint (FAC), plaintiff Jorge Rodriguez alleges that defendants the City of Oakland, the Oakland Police Department (OPD), and named and unnamed OPD officers, violated his Fourth Amendment rights when they arrested him and conducted a warrantless search of his home with firearms drawn. Dkt. No. 21. Defendants ask to dismiss the complaint pursuant to Federal Rules of Civil Procedure 8 and 12(b)(6). Dkt. No. 22. Rodriguez filed an opposition and a request for judicial notice primarily concerning the formation of a civilian oversight board for OPD. Dkt. Nos. 27, 28. The motion is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b), and the case is dismissed with prejudice. The Court dismissed the original complaint under Rule 12(b)(6) because it was “devoid of factual allegations and [was]…