Smith v. City of Marina
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JEREMIAH ROSS SMITH, Case No. 22-cv-07308-PCP
Plaintiff,
ORDER DISMISSING COMPLAINT
v. WITH LEAVE TO AMEND
CITY OF MARINA, et al., Re: Dkt. Nos. 28, 45 Defendants.
12 This is a civil rights case alleging misconduct by the Marina Police Department and several of its leaders and officers. Plaintiff Jeremiah Smith asserts a series of federal and state claims arising out of incidents that occurred beginning in September 2021. Defendants have moved to dismiss all of Mr. Smith’s claims, and Mr. Smith has conceded that some of them are not adequately pleaded against all of the currently asserted defendants. For the reasons set forth below, Mr. Smith’s claims are dismissed with leave to amend so that he can both make the corrections he has already conceded are required and attempt to rectify the other shortcomings identified in this order. Mr. Smith’s amended complaint is due by February 2, 2024. I. Background The following…