Franco

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

DEVONTE FRANCO, Case No.: 3:19-cv-0082-BEN-BLM

Plaintiff, ORDER GRANTING IN PART

DEFENDANTS CITY OF SAN

v. DIEGO’S, SAN DIEGO POLICE

DEPARTMENT’S, OFFICER

CITY OF SAN DIEGO, a municipality; MONTOYA’S, AND DAVID

SAN DIEGO POLICE DEPARTMENT; NISLEIT’S MOTION TO DISMISS

OFFICER MONTOYA (#6798), an [Doc. 6] individual; DAVID NISLEIT, an individual; And DOES 1-25, inclusive 14 Defendants.

Defendants City of San Diego, San Diego Police Department, Officer Montoya, and David Nisleit move to dismiss Plaintiff Devonte Franco’s Complaint under Federal Rule of Civil Procedure 12(b)(6). For the following reasons, Defendants’ Motion is GRANTED IN PART AND DENIED IN PART. I. BACKGROUND1 Plaintiff alleges that, on November 8, 2017, he entered a laundromat to wash his clothes. Officers from the San Diego Police Department (“SDPD”) arrived at the laundromat and arrested…