United States District Court, N.D. California
ORDER GRANTING ONE DEFENDANT'S MOTION TO DISMISS
AND TWO DEFENDANTS' MOTION FOR A MORE DEFINITE
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
Section 1983 action, one defendant moves to dismiss and two
defendants move for a more definite statement. For the
reasons below, both motions are Granted.
plaintiff Ronald Mazzaferro alleges that defendant Lynn
Searle, a private attorney who represented defendant William
Parisi in a state court action, cultivated a criminal
enterprise with several others, all defendants herein to help
Parisi embezzle millions of dollars from a trust allegedly
established for Mazzaferro (Second Amd. Compl. ¶¶
Mazzaferro alleges that in February 2013 Parisi and Attorney
Searle deliberately supplied fraudulent information about
Mazzaferro to defendant Ken Johnson, a deputy sheriff of the
Sonoma County Police Department, in order to “leverage
their position against Mazzaferro” in another action in
state court. Mazzaferro then served Deputy Sheriff Johnson
with a “Criminal Cross Complaint” that alleged
Deputy Sheriff Johnson arrested him based on false
information provided by Attorney Searle (id
2013, Deputy Sheriff Johnson arrested Mazzaferro - allegedly
in reliance on the false information provided by Attorney
Searle and Parisi, which Deputy Sheriff Johnson allegedly
knew to be false - for filing forged documents and committing
perjury, elder abuse, and burglary. Five months later, the
Sonoma County District Attorney dismissed all charges against
Mazzaferro (id. ¶¶ 15-18).
then sent a document titled, “Private Party Directive
to Arrest Corrupt Attorney Lynn Searle and Her Elder Abuser
Client William Parisi, ” which detailed his alleged
false arrest and imprisonment, to defendant Spencer Crum, a
sergeant of the Sonoma County Police Department. Upon
receiving the documents, Sergeant Crum invited Mazzaferro to
meet with him to discuss the documents Mazzaferro sent. At
the meeting, Sergeant Crum allegedly told another officer
“not to report any information from Mazzaferro”
and then ordered Mazzaferro to leave the police department
“under threat of arrest.” Shortly after,
Mazzaferro delivered “a document” to the City
Council of Sonoma regarding his false arrest and Sergeant
Crum's unwillingness to report information given to him
by Mazzaferro (id ¶¶ 19-22).
January 2015, Deputy Sheriff Johnson arrested Mazzaferro
again based on additional allegedly false information
provided by Attorney Searle. Mazzaferro also alleges that
while being transported to jail, Deputy Sheriff Johnson
“made it clear” to him that Deputy Sheriff
Johnson arrested him because he submitted complaints to the
city council about Deputy Sheriff Johnson and Sergeant Crum
(id ¶¶ 23, 30).
October 2016, Mazzaferro filed this action under Section 1983
for the violation of his Fourth Amendment rights against
Attorney Searle, Deputy Sheriff Johnson, and Sergeant Crum,
among others. Mazzaferro's initial complaint alleged that
all of the defendants violated his Fourth Amendment rights
under Section 1983 by causing his false arrest and
imprisonment in (1) May 2013 and (2) January 2015 (Compl.
¶¶ 24, 26).
January 2017, Mazzaferro moved for entry of default against
Sergeant Crum for not timely responding to his complaint,
which the clerk then entered (Dkt. Nos. 23, 26). An order in
March 2017 set aside this entry of default because the
affidavit of service filed by Mazzaferro was false and
Sergeant Crum was never properly served (Dkt. No. 58 at 2-4).
The same order also dismissed Mazzaferro's first claim of
his original complaint as time-barred (id. at 4).
February 2017, Mazzaferro filed an amended complaint to bring
claims against the county counsels representing Deputy
Sheriff Johnson and Sergeant Crum for abuse of court process,
which was stricken for being untimely (First Amd. Compl.
¶ 33; Dkt. No. 47). An order later determined that the
amended complaint had in fact been timely and thus gave
Mazzaferro leave to amend his complaint to add allegations
not already dismissed (Dkt. No. 58 at 5).
March 2017, Mazzaferro filed a second amended complaint
against Attorney Searle, Sergeant Crum, and Deputy Sheriff
Johnson, among others, alleging they all violated his Fourth
Amendment rights under Section 1983 for causing his arrest in
January 2015 (Second Amd. Compl. ¶¶ 14-16).
Attorney Searle now moves to dismiss all claims against her.
Sergeant Crum and Spencer ...