Howard Tounget v. City of Hemet et al

Filing 33

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS by Judge Stephen G. Larson for MOTION to Dismiss Case 24 ; MOTION to Strike Portions of First Amended Complaint Amended Complaint 22 . IT IS HEREBY ORDERED that (1) the Report and Reco mmendation is adopted; (2) Defendants' motion to dismiss with prejudice the First Claim; the Second Claim; the Third Claim; the Fifth Claim to the extent it is based on substantive due process, the Fifth Amendment, and 42 U.S.C. § 1985; the Sixth Claim; the first Seventh Claim; and the second Seventh Claim is GRANTED; (3) Defendants' motion to dismiss the Fourth Claim and the Fifth Claim to the extent it is based on procedural due process, First Amendment retaliation, and equal pr otection is DENIED; (4) Defendants McBride, Christy, Dana, Masyzcek, Trabing, Burke Williams & Sorensen, and the Hemet City Council are TERMINATED; (5) Defendants' motion to strike the FAC at 15, lines 3-6, 11; 18 31; 20-21 44-47; 23 51-58; 24 6 1-62; 27 71-73; 28 74-78; 29 81-86; and 30 87 is GRANTED; (6) Plaintiff is GRANTED leave to amend the Fifth Claim to allege unreasonable seizure in violation of the Fourth Amendment. The Second Amended Complaint must be filed and served on counsel f or the remaining defendants within thirty days of the date of this Order, bear the docket number assigned in this case, be labeled "Second Amended Complaint," and be complete in and of itself without reference to a previous complaint or any other pleading, attachment, or document; and (7) In all other respects, Plaintiff's requests for leave to amend are DENIED. (See Order for details.) (mp)