United States District Court, S.D. California
December 19, 2005.
ARNOLD C. BACON, JR., Plaintiff,
WILLIAM B. KOLENDER and SAN DIEGO COUNTY BOARD OF SUPERVISORS, Defendants.
The opinion of the court was delivered by: BARRY MOSKOWITZ, District Judge
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION TO
DISMISS WITH LEAVE TO AMEND [Docket #12] AND DENYING PLAINTIFF'S
MOTION TO SUPPRESS [Docket #23]
On September 21, 2005, Magistrate Judge Peter C. Lewis filed a
Report and Recommendation that the motion of Defendant San Diego
County Board of Supervisors to dismiss be granted and Plaintiff's
motion to suppress be denied. The Court has considered the Report
and Recommendation and Plaintiff's objections. The Court ADOPTS
the Report and Recommendation as follows:
1. Plaintiff's motion to suppress filed on August 2, 2005, is
DENIED without prejudice. Defendants shall only raise
Plaintiff's status and record where relevant to the issue then
being considered. Nothing in Defendant's present motion is
improper. Plaintiff may make a motion to strike in regard to
future motion papers he believes to be improper.
2. The motion of the San Diego County Board of Supervisors to
dismiss is GRANTED without prejudice. Plaintiff does contend
that certain policies of San Diego County have impacted him in
violation of his rights However, Plaintiff alleges multiple
violations of his rights. He must specify the precise policy and allege for each
claim how it caused a violation of his rights. While detailed
factual assertions are not necessary at this stage, Plaintiff
must state the policy that caused each particular violation.
Plaintiff has named the Board of Supervisors but in his
objections argues that the County is liable. If his claim is
against the County, rather than the Board of Supervisors, he
should make this clear in any amended complaint. If he is naming
the present Board of Supervisors, he must set forth the policy
they enacted. Plaintiff shall have 30 days to file and serve an
amended complaint clearing up the deficiencies noted here and in
the Report and Recommendation.
The Court discourages further motions to dismiss on these
grounds. If Plaintiff files an amended complaint naming the
County or the Board of Supervisors, such defendant shall be
entitled to expedited discovery so it can determine whether it
desires to make a motion for summary judgment on the grounds
raised in its present motion.
IT IS SO ORDERED.
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