Shamberger et al v. Tello et al

Filing 18

ORDER signed by Senior Judge William B. Shubb on 4/28/2015 GRANTING 16 Defendant Yolo County's Motion to Dismiss. The 5/4/2015 hearing date is vacated. Plaintiffs shall have twenty days from the date this Order is signed to file an amended complaint if they can do so in a manner consistent with this Order. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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LINDSEY SHAMBERGER, as an
individual and on behalf of
her minor son, EC,

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ORDER

Plaintiffs,

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CIV. NO. 2:14-00243 WBS DAD

v.
DANA TELLO and COUNTY OF
YOLO,
Defendants.

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----oo0oo---Plaintiffs Shamberger and her minor son EC allege that

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on January 28, 2012, Deputy Sheriff Dana Tello conducted an

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unreasonable search of their residence, upsetting EC and causing

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injury to plaintiffs’ persons, psyches, health, and strength.

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(Compl. ¶ 1 (Docket No. 1).)

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under 42 U.S.C. § 1983 against defendants Tello and Yolo County

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for their alleged violations of the Fourth Amendment.

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Yolo County moved to dismiss the claims against it for failure to

Plaintiffs brought this action

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(Id.)

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state a claim upon which relief can be granted pursuant to

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Federal Rule of Civil Procedure 12(b)(6), arguing plaintiffs have

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failed to allege municipal liability under Monell v. Department

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of Social Services, 436 U.S. 658 (1978).

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(Docket No. 16).)

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plaintiff allege any basis for holding Yolo County liable under

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Monell.

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(See Def.’s Mot.

Plaintiff did not oppose the motion, nor does

IT IS THEREFORE ORDERED that defendant Yolo County’s
motion to dismiss be, and the same hereby is, GRANTED.

The

hearing set for May 4, 2015 is vacated.

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Plaintiffs shall have twenty days from the date this

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Order is signed to file an amended complaint if they can do so in

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a manner consistent with this Order.

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Dated:

April 28, 2015

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