The opinion of the court was delivered by: SAUNDRA ARMSTRONG, District Judge
This matter comes before the Court on Defendants P. Arpaia, B.
Marker, and C. Costigan's Motion to Dismiss [Docket No. 18].
Having read and considered the arguments presented by the parties
in the papers submitted to the Court, the Court finds this matter
appropriate for resolution without a hearing. The Court hereby
GRANTS IN PART AND DENIES IN PART P. Arpaia, B. Marker, and C.
Costigan's Motion to Dismiss.
Plaintiff Shelly Newton ("Newton" or "Plaintiff") is an adult
female African American who currently resides in Contra Costa
County, California. FAC at ¶ 3.
Defendants P. Arpaia ("Arpaia"), B. Marker ("Marker"), and C.
Costigan ("Costigan") are members of the California Highway
Patrol ("CHP"), who, during the relevant period, were acting
under color of state law as peace officers within the State of
California. Id. ¶ 4.
On or about July 26, 2003, CHP Officers Arpaia and Marker
detained Plaintiff on Highway 24, in Contra Costa County, for an
alleged traffic violation. Id. ¶ 9. Officers Arpaia and Marker
issued Plaintiff a citation and notice to appear and released
Plaintiff from custody. Id. At the time of release, Arpaia and Marker informed Plaintiff that her license was suspended for an
out-of-state vehicle code violation. Id. ¶ 10. Plaintiff denied
she was ever in the state in question. Id.
Officers Arpaia and Marker advised Plaintiff that she could not
drive her vehicle away from the scene because her license was
suspended. Id. ¶ 11. They then called a tow truck for the
purpose of towing Plaintiff's vehicle to a storage facility.
Id. They subsequently advised Plaintiff that she could use the
shoulder of the highway to exit the highway on foot, but claimed
that they were required to escort pedestrians off of the highway
and to restrain them in handcuffs. Id. ¶ 12.
When Plaintiff objected to being handcuffed, Officers Arpaia
and Marker used force to handcuff Plaintiff and placed her in the
rear of their patrol vehicle. Id. ¶ 13. A hood was also placed
over Plaintiff's head. Id. ¶ 14. Officers Arpaia and Marker
then exited Highway 24 and were joined by CHP Officer Costigan.
Id. Officers Arapia and Marker then drove Plaintiff, who
remained handcuffed in the back of the vehicle, to the Martinez
Detention Facility. Id.
At the Martinez Detention Facility, Plaintiff was handcuffed to
a metal bench in the receiving bay. Id. Sheriff's Deputies
Steven Brinkley ("Brinkley"), Michelle Day ("Day"), and Kellie
Martinez ("Martinez") found Plaintiff handcuffed to the metal
bench and attempted to pull her away from the bench while she was
still handcuffed to it. Id. ¶ 15. Deputies Brinkley, Day, and
Martinez then took Plaintiff into a room, forced her to lie face
down on the floor, and removed Plaintiff's shoes and jewelry.
Id. ¶ 16. As a result of her detention, Plaintiff suffered
multiple injuries. Id. ¶ 17.
B. Procedural Background.
On July 21, 2004, Plaintiff filed a complaint against Contra
Costa County (referred to herein as the "July 2004 Complaint").
The July 2004 Complaint alleged the following causes of action:
(1) failure to train; (2) "custom, usage, and policy" violations
of 42 U.S.C. § 1983; (3) failure to supervise; (4) assault and
battery; and (5) excessive force. In the July 2004 Complaint,
Plaintiff sought compensatory and special damages. Plaintiff also
requested "leave to amend th[e] complaint when the identity and
capacity of the unidentified Sheriff Deputies is ascertained, for
leave to name them as parties Defendants herein, and leave to
seek punitive damages against them, jointly and severally." On March 24, 2005, Plaintiff filed a complaint (referred to
herein as the "March 2005 Complaint") against defendants Arpaia,
Marker, Costigan, Brinkley, Day and Martinez. The March 2005
Complaint alleged the following causes of action: (1) violations
of the Fourth and Fourteenth Amendments (brought against all
defendants pursuant to 42 U.S.C. § 1983); (2) "failure to
intercede" (brought against Costigan only pursuant to
42 U.S.C. ...