Smith v. City of Marina

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JEREMIAH ROSS SMITH, Case No. 22-cv-07308-PCP

8 Plaintiff,

ORDER DISMISSING COMPLAINT

9 v. WITH LEAVE TO AMEND

10 CITY OF MARINA, et al., Re: Dkt. Nos. 28, 45 Defendants. 11

12 13 This is a civil rights case alleging misconduct by the Marina Police Department and 14 several of its leaders and officers. Plaintiff Jeremiah Smith asserts a series of federal and state 15 claims arising out of incidents that occurred beginning in September 2021. Defendants have 16 moved to dismiss all of Mr. Smith’s claims, and Mr. Smith has conceded that some of them are 17 not adequately pleaded against all of the currently asserted defendants. For the reasons set forth 18 below, Mr. Smith’s claims are dismissed with leave to amend so that he can both make the 19 corrections he has already conceded are required and attempt to rectify the other shortcomings 20 identified in this order. Mr. Smith’s amended complaint is due by February 2, 2024. 21 I. Background 22 The following…