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Salcido v. County of Madera

November 16, 2010

JACOB SALCIDO, A MINOR BY AND THROUGH HIS GUARDIAN AD LITEM JEANINE SALCIDO, PLAINTIFF,
v.
THE COUNTY OF MADERA, DEPUTY JEFFERY THOMAS #10321, SERGEANT PATRICK MAJESKI #8484, DEPUTY MATTHEW KUTZ #11173, DEPUTY S. STRIZEL #8616, DEPUTY MARK SCHAFER #9630, DEPUTY BRIAN CUTLER #10846, DEPUTY IAN WEAVER #11404, AND DOES 1-50, DEFENDANTS.



(Doc. No. 11)

ORDER ON DEFENDANT'S MOTION TO DISMISS

This lawsuit arises from a confrontation between minor Plaintiff Jacob Salcido ("Salcido")*fn1 and members of the Madera County Sheriff's Department. Plaintiff alleges violations of 42 U.S.C. § 1983 (specifically violations of the First, Fourth, and Fourteenth Amendment) and state law tort claims for assault, battery, false imprisonment, and intentional infliction of emotional distress. Defendants move to dismiss Salcido's Complaint. For the reasons that follow, the motion will be granted. .

BACKGROUND

The Complaint alleges that, on February 19, 2008, Salcido was at home when Defendants Deputy Jeffery Thomas and Sergeant Patrick Majeski approached Saclido's home. Complaint at ¶ 10. "Defendants searched, detained, and seized Salcido at his home and refused to allow him to speak to others." Id. Defendants had no probable cause to search, detain, and seize Salcido." Id. at ¶ 11. "Defendants used unreasonable and excessive force in seizing [Salcido] and tased [him] twice." Id. at ¶ 12. Defendants were following Madera County custom and practice in the interaction with Salcido. Id. at ¶ 13. Salcido sustained injury as a direct result of Madera County's policies and failure to train. Id.

RULE 12(b)(6) FRAMEWORK

Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the plaintiff's "failure to state a claim upon which relief can be granted." Fed. R. Civ. P. 12(b)(6). A dismissal under Rule 12(b)(6) may be based on the lack of a cognizable legal theory or on the absence of sufficient facts alleged under a cognizable legal theory. Johnson v. Riverside Healthcare Sys., 534 F.3d 1116, 1121 (9th Cir. 2008); Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). In reviewing a complaint under Rule 12(b)(6), all allegations of material fact are taken as true and construed in the light most favorable to the non-moving party. Marceau v. Blackfeet Hous. Auth., 540 F.3d 916, 919 (9th Cir. 2008); Vignolo v. Miller, 120 F.3d 1075, 1077 (9th Cir. 1999). The Court is not required "to accept as true allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable inferences." In re Gilead Scis. Sec. Litig., 536 F.3d 1049, 1056-57 (9th Cir. 2008); Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001). Although they may provide the framework of a complaint, legal conclusions are not accepted as true and "[t]hreadbare recitals of elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949-50 (2009); see also Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1139 (9th Cir. 2003). As the Supreme Court has recently explained:

While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the 'grounds' of his 'entitlement to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).

Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). To "avoid a Rule 12(b)(6) dismissal, "a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Iqbal, 129 S.Ct. at 1949; see Twombly, 550 U.S. at 570; see also Weber v. Department of Veterans Affairs, 521 F.3d 1061, 1065 (9th Cir. 2008). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S.Ct. at 1949.

The plausibility standard is not akin to a 'probability requirement,' but it asks more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are 'merely consistent with' a defendant's liability, it stops short of the line between possibility and plausibility of 'entitlement to relief.' . . .

Determining whether a complaint states a plausible claim for relief will . . . be a context specific task that requires the reviewing court to draw on its judicial experience and common sense. But where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged -- but it has not shown -- that the pleader is entitled to relief.

Iqbal, 129 S.Ct. at 1949-50. "In sum, for a complaint to survive a motion to dismiss, the nonconclusory 'factual content,' and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief." Moss v. United States Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009). If a Rule 12(b)(6) motion to dismiss is granted, leave to amend need not be granted when amendment would be futile. Gompper v. VISX, Inc., 298 F.3d 893, 898 (9th Cir. 2002).

DEFENDANT'S MOTION

I. Federal Claims

Defendants' ...


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