UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 4, 2011
CITY OF SACRAMENTO POLICE DEPARTMENT, ET AL.,
The opinion of the court was delivered by: Hon. Hon. John A. Mendez
ORDER GRANTING CITY OF SACRAMENTO AND DET. AMY CROSBY'S MOTION TO DISMISS, WITH PREJUDICE
Hearing Date: September 21, 2011
Time: 9:30 a.m.
Defendants CITY OF SACRAMENTO and Det. AMY CROSBY's Motion to Dismiss the Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure came regularly for hearing before the court on September 21, 2011. Plaintiff SUSAN LUDWIG was present and was represented by David J. Beauvais. Defendants were represented by the City Attorney, Sr. Deputy City Attorney Sheri M. Chapman appearing therefore.
The Court having considered the moving papers, the opposition brief, and the parties' oral argument, grants Defendants' Motion to dismiss the Amended Complaint, with prejudice.
IT IS HEREBY ORDERED as follows:
(1) OFFICER MULLIGAN is dismissed as a party to this action.
(2) The claims alleged against the CITY OF SACRAMENTO are dismissed with prejudice.
The claims are barred by the two year statute of limitations. Leave to amend is denied because amendment of the First Amended Complaint would be futile.
(3) The claim for relief alleged against Det. AMY CROSBY is dismissed with prejudice. The claim is barred by the two year statute of limitations. Leave to amend is denied because amendment of the First Amended Complaint would be futile.
IT IS SO ORDERED.
HON. JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE
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