United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS
M. COTA, UNITED STATES MAGISTRATE JUDGE.
who is proceeding pro se, brings this civil action. Pending
before the court is defendants' unopposed motion to
dismiss (ECF No. 13).
action proceeds on plaintiff Jessie Wade Phillips'
original complaint.Plaintiff names the following as
defendants: (1) Kevin Haas, a detective with the Chico Police
Department; and (2) the Chico Police Department. See
ECF No. 1, pg. 2. Plaintiff alleges:
On April 23, 2016, my mentally ill neighbor smashed through
my sliding glass door with a cement irrigation block. When I
approached him and asked him to leave he proceeded to stab me
several times and a struggle ensued. My fourteen year old son
managed to call the police. After the suspect was detained
and I was in the ambulance Detective Kevin Haas took it upon
himself to enter into my residence illegally search my
bedroom where he found and seized contraband. I was issued a
felony warrant for drug sells nine months later. After nearly
three years of deliberation it was found that Detective Haas
did in fact violate my fourth amendment rights and the
evidence was then suppressed and the charges later dropped.
ECF No. 1, pg. 4.
states he is suing defendant Haas in his individual capacity
only. See id. at 2. Plaintiff seeks compensatory and
punitive damages. See id. at 5.
STANDARD FOR MOTION TO DISMISS
considering a motion to dismiss, the court must accept all
allegations of material fact in the complaint as true.
See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007).
The court must also construe the alleged facts in the light
most favorable to the plaintiff. See Scheuer v.
Rhodes, 416 U.S. 232, 236 (1974); see also Hosp.
Bldg. Co. v. Rex Hosp. Trustees, 425 U.S. 738, 740
(1976); Barnett v. Centoni, 31 F.3d 813, 816 (9th
Cir. 1994) (per curiam). All ambiguities or doubts must also
be resolved in the plaintiff's favor. See Jenkins v.
McKeithen, 395 U.S. 411, 421 (1969). However, legally
conclusory statements, not supported by actual factual
allegations, need not be accepted. See Ashcroft v.
Iqbal, 129 S.Ct. 1937, 1949-50 (2009). In addition, pro
se pleadings are held to a less stringent standard than those
drafted by lawyers. See Haines v. Kerner, 404 U.S.
519, 520 (1972).
8(a)(2) requires only “a short and plain statement of
the claim showing that the pleader is entitled to
relief” in order to “give the defendant fair
notice of what the . . . claim is and the grounds upon which
it rests.” Bell Atl. Corp v. Twombly, 550 U.S.
544, 555 (2007) (quoting Conley v. Gibson, 355 U.S.
41, 47 (1957)). However, in order to survive dismissal for
failure to state a claim under Rule 12(b)(6), a complaint
must contain more than “a formulaic recitation of the
elements of a cause of action;” it must contain factual
allegations sufficient “to raise a right to relief
above the speculative level.” Id. at 555-56.
The complaint must contain “enough facts to state a
claim to relief that is plausible on its face.”
Id. at 570. “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.” Iqbal, 129
S.Ct. at 1949. “The plausibility standard is not akin
to a ‘probability requirement,' but it asks for
more than a sheer possibility that a defendant has acted
unlawfully.” Id. (quoting Twombly,
550 U.S. at 556). “Where a complaint pleads facts that
are ‘merely consistent with' a defendant's
liability, it ‘stops short of the line between
possibility and plausibility for entitlement to
relief.” Id. (quoting Twombly, 550
U.S. at 557).
deciding a Rule 12(b)(6) motion, the court generally may not
consider materials outside the complaint and pleadings.
See Cooper v. Pickett, 137 F.3d 616, 622 (9th Cir.
1998); Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir.
1994). The court may, however, consider: (1) documents whose
contents are alleged in or attached to the complaint and
whose authenticity no party questions, see Branch,
14 F.3d at 454; (2) documents whose authenticity is not in
question, and upon which the complaint necessarily relies,
but which are not attached to the complaint, see Lee v.
City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001);
and (3) documents and materials of which the court may take
judicial notice, see Barron v. Reich, 13 F.3d 1370,
1377 (9th Cir. 1994).
leave to amend must be granted “[u]nless it is
absolutely clear that no amendment can cure the
defects.” Lucas v. Dep't of Corr., 66 F.3d
245, 248 (9th Cir. 1995) (per curiam); see also Lopez v.
Smith, 203 F.3d 1122, 1126 (9th Cir. 2000) (en banc).
their unopposed motion to dismiss, defendants argue: (1) the
entire action is barred by the applicable statute of
limitations; and (2) plaintiff fails to state a claim against
defendant Chico Police Department. To the extent the court
does not find these arguments dispositive of the entire
action, defendants also seek an order striking
plaintiff's request for punitive ...