Giambastiani

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DEBRA GIAMBASTIANI, Case No. 19-cv-02450-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS AND GRANTING MOTION

FOR JUDGMENT ON THE

CITY OF SANTA ROSA, et al., PLEADINGS Defendants. Re: Dkt. Nos. 94,

The City’s motion to dismiss and the County’s motion for judgment on the pleadings are both granted. The dismissal is without leave to amend. This order assumes the reader is familiar with the facts, the applicable legal standards, and the arguments made by both parties. The state court’s final ruling on Giambastiani’s motion to suppress precludes relitigation of the propriety of much of the officers’ conduct. That ruling rejected Giambastiani’s claim that the officers’ entry into her house violated her Fourth Amendment rights. The ruling also rejected Giambastiani’s claim that the arrest lacked probable cause. And the ruling rejected Giambastiani’s claim that the officers used excessive force in restraining her to conduct a blood draw. Those same contentions now form the basis of Giambastiani’s civil complaint. All of the elements identified in Ayers v. City of…