Joseph, Jr. v. California Highway Patrol

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JOHN JOSEPH, JR., Case No. 23-cv-03274-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

CALIFORNIA HIGHWAY PATROL, et Re: Dkt. No. 20 al., Defendants.

The motion to dismiss Claims 1, 2, and 11 is granted. This ruling assumes the reader’s familiarity with the facts, the applicable legal standard, and the arguments made by the parties. 1. Joseph sued the California Highway Patrol under 42 U.S.C. § 1983, alleging that the Highway Patrol violated his federal constitutional rights. These claims are dismissed, because (as Joseph correctly concedes) the Highway Patrol is not a “person” who can be sued under section 1983. See Maldonado v. Harris, 370 F.3d 945, 951 (9th Cir. 2004); see also Will v. Michigan Department of State Police, 491 U.S. 58, 67 (1989). 2. Joseph also alleges that the Highway Patrol violated section 7286 of the California Government Code. He seeks damages and an injunction that would require the Highway Patrol to change its use-of-force and felony-stop policies. Joseph’s claim for damages is dismissed because it was abandoned in his opposition brief, which…