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Jones v. County of Contra Costa

United States District Court, N.D. California

April 11, 2014

COUNTY OF CONTRA COSTA, et al., Defendants.



This matter came before the Court on March 31, 2014, on Defendant's motion to dismiss, or in the alternative, to stay the case. Having considered the arguments of the parties and the papers submitted, the Court GRANTS Defendant's motion to stay for the reasons set forth below.


The following facts are taken from Plaintiff's First Amended Complaint ("FAC"): On or about May 17, 2013, around 9:15 PM, Plaintiff Christopher Jones ("Jones") was driving home from work when he noticed an active police light in his rearview mirror. FAC ¶ 17. Upon seeing the light, he turned into the driveway of his residence in Pittsburg, California and stopped his vehicle. FAC ¶¶ 17, 18. Defendant Contra Costa Sheriff's Deputy Shawn Welch ("Welch") and Defendant Contra Costa Sheriff's Deputy Sean Birtcil ("Birtcil") then approached Jones's vehicle and ordered him to get out. FAC ¶ 19.

Jones alleges that he asked the officers why he had been stopped, and if he could have time to undo his seatbelt and put his vehicle in park. FAC ¶ 20. Without responding to him, the officers reached in and pulled Jones out from his seat. FAC ¶ 21. Welch hit Jones on the left side of his face and then grabbed him and threw him to the ground. FAC ¶ 22. Jones indicated that he was not resisting, but both Welch and Birtcil continued to punch and kick him. Id.

Welch and Birtcil then put Jones in handcuffs and leg restraints, placed him in the backseat of a police car, and took him to a police station. FAC ¶¶ 22-24. Because of the restraints, Welch and Birtcil had to carry Jones into the station; while carrying him they hit his head on metal cylinders hanging from the ceiling. FAC ¶ 24. Jones alleges that he sustained serious injuries to his body and mind as a result of these events.

Jones claims that similar allegations have been made against other Contra Costa Sheriff's deputies. FAC ¶ 26. Welch, along with another deputy, were the subject of a civil complaint for use of excessive force and violation of equal protection brought in the Northern District in September 2011, M.G. v. Contra Costa County, et al., Case No. C11-04853 (WHA). FAC ¶ 25. Based on these claims, Jones alleges that Defendant Contra Costa County (the "County") adopted a policy, custom or practice of allowing employees to attack individuals during traffic stops without justification, and to do so because of their race. FAC ¶ 27, 28.

Jones brings the following six causes of action against all the Defendants - the County, Welch, and Birtcil: (1) violation of his right to freedom from unreasonable seizures under the Fourth and Fourteenth Amendment of the United States Constitution; (2) violation of his right to freedom from unreasonable seizures under the California Constitution, Article I, Section 13; and his right to equal protection under the California Constitution, Article I, Section 7; (3) assault; (4) negligence under California Government Code § 815.2(a); (5) violation of his right to freedom from racially-motivated violence, intimidation, or threat of violence under California Civil Code Section 51.7; and (6) interference with his exercise and enjoyment of his civil rights under California Civil Code Section 52.1.

The County moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that all seven causes of action fail to state a claim for relief against it.[1] In the alternative, the County argues, the case should be stayed pursuant to the Younger abstention doctrine pending the outcome of Jones's criminal proceedings in state court for vandalism, California Penal Code Section 594(b)(1); resisting an officer, California Penal Code Section 69; and evading an officer, California Vehicle Code Section 2800.1, all stemming from the same incident alleged here. See Younger v. Harris, 401 U.S. 37 (1970).


When a plaintiff's allegations fail "to state a claim upon which relief can be granted, " dismissal is appropriate under Rule 12(b)(6). Fed.R.Civ.P. 12(b)(6). In ruling on a motion to dismiss, a court must "accept as true all well-pleaded factual allegations in the complaint" and construe the complaint "in the light most favorable to the plaintiff[]." Schlegel v. Wells Fargo Bank NA, 720 F.3d 1204, 1207 (9th Cir. 2013) (internal quotation marks omitted). To survive a motion to dismiss, a plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

The Younger abstention doctrine precludes a federal court from enjoining pending proceedings in state court. Younger, 401 U.S. at 45. In Younger, for example, the Supreme Court held that a federal district court could not enjoin a state court criminal proceeding, unless some "extraordinary circumstances" warranted the federal court's intrusion. 401 U.S. at 45 , 53. Younger abstention is appropriate when (1) the state court proceedings are ongoing; (2) the proceedings implicate important state interests; (3) the state proceedings provide an adequate opportunity to raise federal questions; and (4) the federal court action would enjoin, or have the practical effect of enjoining, the state court. AmerisourceBergen Corp. v. Roden, 495 F.3d 1143, 1149 (9th Cir. 2007).


Before considering whether Jones's complaint states a claim for relief, the Court should first evaluate whether to proceed with this case, or stay it pursuant to Younger. There is presently a state criminal proceeding against Jones, which satisfies Younger 's first factor. See Ex. A to Def.'s Req. for Jud. Notice (Superior Court Misdemeanor Complaint No. 176581-7). As to Younger 's second factor, the state has a significant interest in enforcing state criminal laws. See Juidice v. Vail, 430 ...

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