O'Donnell
O'Donnell v. Nedd
Opinion
Trial Court Opinion
INTRODUCTION
26 Pending before the Court is Defendant United States of America, et al.’s 27 (collectively “Defendants”) motion to dismiss Plaintiff John O’Donnell’s (“Plaintiff”) 28 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (“Bivens”), Federal Torts Claim Act (“FTCA”), and 42 U.S.C. § 1983 (“§ 1983”) claims. See generally Doc. No. 11. Plaintiff filed a response to Defendants’ motion and Defendants filed a reply. See Docs. No. 13, 15. Having carefully considered the pleadings in this action, and for the reasons set forth below, the Court hereby GRANTS Defendants’ motion to dismiss with leave to amend. BACKGROUND Plaintiff alleges that sometime in November 2016, unidentified Bureau of Land Management (“BLM”) officers arrived at Plaintiff’s truck camper. Doc. No. 5 at 5. The truck camper was Plaintiff’s temporary residence and was located on federal land outside of Ocotillo Springs, California. Id. The BLM officers “falsely accus[ed] [Plaintiff] of various offenses, including drug use and littering.” Id. The BLM officers then conducted a “dog search” and entered…