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Timothy Slappy v. Robert Harris

May 23, 2011

TIMOTHY SLAPPY
v.
ROBERT HARRIS, ET AL



The opinion of the court was delivered by: The Honorable David O. Carter, Judge

CIVIL MINUTES - GENERAL

Title:

Julie Barrera Not Present Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:

NONE PRESENT NONE PRESENT

PROCEEDING (IN CHAMBERS):ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CITY OF COSTA MESA'S MOTION TO DISMISS PLAINTIFF'S SECOND, THIRD, FOURTH, AND FIFTH CLAIMS FOR RELIEF

Before the Court is Defendant the City of Costa Mesa ("Defendant" or the "City")'s Motion to Dismiss Plaintiff Timothy Slappy ("Plaintiff")'s Second Third, Fourth, and Fifth Claims for Relief (Docket 4). The Court finds this matter appropriate for decision without oral arguments.

Fed.R.Civ. P. 78; Local Rule 7-15. After reviewing the moving, opposing, and replying papers the Court hereby GRANTS IN PART AND DENIES IN PART the Motion.

I. Background

Plaintiff's Complaint alleges that on March 21, 2009 at 1:00 am Defendant Robert Harris ("Harris") and another officer from the City of Costa Mesa Police Department approached Plaintiff and his friend and began to question them outside of Plaintiff's residence. Complaint, ¶ ¶ 10-12. Harris asked whether Plaintiff was on probation, and Plaintiff informed him that he was on informal probation for cocaine possession. Id. at ¶ 13. Harris allegedly demanded to know if Plaintiff had any drugs or weapons, which Plaintiff indicated he did not, and Harris then searched Plaintiff and found no drugs or

Id. at ¶ 14.According to Plaintiff, Harris then ordered Plaintiff to sit on the curb, and shined his flashlight onto the curb towards a white substance. Harris then asked about the substance, and said it looked like rock cocaine. Id. at ¶ 15. He subsequently tested the substance. Id. at ¶ 17. Plaintiff alleges that Harris planted the drugs.

Plaintiff avers that, after informing Plaintiff that he was "unlike any cop [he] had ever encountered before," and threatening him with additional charges, Harris arrested Plaintiff and ultimately transported him to the Orange County Jail, from which he was released on bail the next day.

at ¶¶ 17-21. According to Plaintiff, he returned to the Costa Mesa Police Department, where he spoke to the watch commander about filing a complaint against Harris. Id. at ¶ 22. The commander gave him a form to complete and told Plaintiff to speak to Internal Affairs. Id. Plaintiff avers that his concerns about being racially profiled and his distrust of the police following his encounter with Harris prevented him from following up with Internal Affairs. Id.

On May 4, 2009, Plaintiff pled guilty at his arraignment, which he alleges he did out of distress based on the District Attorney's strenuous arguments. Id. at ¶ ¶ 23-25. Following the completion of his sentence, Plaintiff was subpoenaed in the spring of 2010 to appear at a hearing concerning 27 citizen complaints against Harris. Id. at ¶ ¶ 26-27. Two detectives from the Costa Mesa Police Department approached Plaintiff, apologized for Harris's actions, and told ...


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