Apodaca
Apodaca v. Weimer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARK A. APODACA, Case No.: 3:21-cv-01402-RBM-LR
Plaintiff,
ORDER GRANTING DEFENDANTS’
v. MOTION TO DISMISS
DEPUTY BRYAN WEIMER;
IMPERIAL COUNTY SHERIFF’S
DEPT.,
16 Defendants. [Doc. 9] 18 On March 2, 2022, Defendants Bryan Weimer (“Defendant Weimer”) and Imperial County Sheriff’s Office (collectively, the “Defendants”) filed a Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Motion”). (Doc. 9.) Plaintiff Mark A. Apodaca (“Plaintiff”) filed an opposition on March 7, 2022. (Doc. 11.) Defendants filed a reply on April 8, 2022. (Doc. 12.) For the reasons discussed below, Defendants’ Motion is GRANTED. I. BACKGROUND Plaintiff filed his initial complaint against Defendants on August 4, 2021 (“Original Complaint”). (Doc. 1.) Plaintiff alleges that on November 18, 2015, he was at his mother’s house and heard loud…