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Newell v. County of San Diego

United States District Court, Ninth Circuit

October 15, 2013

TIMOTHY J. NEWELL, Plaintiff,
v.
COUNTY OF SAN DIEGO et al., Defendants.

ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (ECF NO. 25)

GONZALO P. CURIEL, District Judge.

INTRODUCTION

Plaintiff filed this action in the San Diego Superior Court on June 12, 2012, alleging Defendants violated his civil rights and committed other torts against him. (ECF No. 1-1.) Defendants removed the action to this Court on July 9, 2012. (ECF No. 1.) Before the Court is Plaintiff's Motion for Leave to File First Amended Complaint, which Plaintiff filed on July 15, 2013. (ECF No. 25.) Defendants have opposed the Motion. (ECF No. 31.) To date, the Court has not received a reply from Plaintiff. The Court deems Plaintiff's Motion suitable for disposition without oral argument. See CivLR 7.1.d.1. Having reviewed the parties' submissions and the applicable law, and for the reasons that follow, the Court will DENY Plaintiff's Motion.

BACKGROUND

Plaintiff alleges that, on November 29, 2011, "he drove to the Chula Vista branch of the San Diego Superior Court to see what excess law enforcement vehicles might be for sale." (ECF No. 1-1, Compl. ¶ 9.) Plaintiff alleges he "parked in a handicap parking space due to his damaged knee and he had a disability placard." (Id.) Plaintiff alleges he "saw several Ford Crown Victoria vehicles behind a chain link fence that he thought might be for sale, " and that he "exited his vehicle and proceeded towards the vehicles taking a photo of a white Crown Victoria vehicle." (Id. ¶ 10.)

Plaintiff alleges he "decided to walk over to the garage to see if he could get more information about the Crown Victoria[] vehicles, " and that, as he "was walking towards the garage, [d]efendant [Elizabeth Palmer ("Palmer")] suddenly appeared blocking Plaintiff's path and asked him why he was parked in a handicap parking space." (Id. ¶ 11.) Plaintiff alleges that he "replied that he was looking for a Crown Victoria vehicle to purchase for his private security company." (Id.)

Plaintiff alleges that Palmer "told Plaintiff that she did not believe him." (Id. ¶ 12.) Plaintiff alleges that he "then informed [Palmer] that he was a retired San Diego Police officer and that his badge and identification card were in his wallet which was on the front seat of his vehicle." (Id.) Plaintiff alleges that Palmer told him "to shut up and then took his cell phone out of his hands." (Id.) Plaintiff alleges that Palmer "then ordered Plaintiff to sit his ass on the bumper of his vehicle and not to move, " and that Plaintiff complied with her orders. (Id.)

Plaintiff alleges that Palmer "continued to question why Plaintiff was at the Chula Vista courthouse, " and "then made a call and suddenly some Deputy Sheriffs began jogging toward Plaintiff and [Palmer]." (Id. ¶ 13.) Plaintiff alleges that, "[once the Deputy Sheriffs were present, Plaintiff was questioned yet again by [Palmer] as to why he was at the Chula Vista courthouse." (Id.)

Plaintiff alleges that Palmer "then opened the door to Plaintiff's vehicle without his consent and grabbed Plaintiff's wallet." (Id. ¶ 14.) Plaintiff alleges that he "began to experience back spasms as a result of sitting on the edge of his bumper, " and that when he "tried to get up to stretch his back, [Palmer] ordered Plaintiff to sit down, " and that "Plaintiff, once again, complied." (Id.)

Plaintiff alleges that Palmer then "went through Plaintiff's wallet and asked him who Lisa Khan was, " to which "Plaintiff replied that Lisa Khan was his significant other." (Id. ¶ 15.) Plaintiff alleges that he asked Plaintiff about Lisa Khan's nationality and "whether she was born in the United States." (Id.)

Plaintiff alleges that Palmer "then ordered a Deputy Sheriff to pat Plaintiff down, " and that the "Deputy Sheriff patted Plaintiff down in front of a steady stream of the general public as they walked by watching what was transpiring." (Id. ¶ 16.) Plaintiff alleges that Palmer then "asked Plaintiff what his Social Security Number was and where he was born." (Id.)

Plaintiff alleges that Palmer then "ordered Plaintiff to rise because the Sheriff Deputies wanted to take his photo." (Id. ¶ 17.) Plaintiff alleges that he "was told to stand against the wall of the garage and a Deputy Sheriff took his photo with a camera." (Id.) Plaintiff alleges that Palmer "then continued to go through Plaintiff's cell phone without his consent questioning him about the various photographs on his phone." (Id.)

Plaintiff alleges that Palmer then "ordered one of the Deputy Sheriffs at the scene to run Plaintiff's license plate while she continued to search the interior of Plaintiff's vehicle without his consent." (Id. ¶ 18.) Plaintiff alleges that Palmer then told him "that his vehicle registration was expired and that there was an outstanding warrant out for his arrest as well as that his license was suspended." (Id.) Plaintiff alleges that Palmer "then asked if his license was suspended for failure to pay child support." (Id.)

Plaintiff alleges that Palmer then told him "that a Deputy Sheriff was going to write him up for a moving violation citation for driving on a suspended license." (Id. ¶ 19.) Plaintiff alleges that Palmer then asked him "if he had any scars or tattoos." (Id.) Plaintiff alleges that Palmer then ordered him "to delete any photographs he took of any vehicles at the Courthouse, " and that Palmer "kept Plaintiff's keys and ...


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