Johnson v. Alameda County Sheriff's Department
Filing
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Order by Magistrate Judge Laurel Beeler granting Defendant County of Alameda's Motion to Dismiss. Plaintiff may file an Amended Complaint by September 30, 2015.(lblc1, COURT STAFF) (Filed on 8/21/2015)
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UNITED STATES DISTRICT COURT
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Northern District of California
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San Francisco Division
ETTA JOHNSON,
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For the Northern District of California
UNITED STATES DISTRICT COURT
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No. 15-cv-02418 LB
Plaintiff,
ORDER GRANTING DEFENDANT
COUNTY OF ALAMEDA’S MOTION
TO DISMISS
v.
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ALAMEDA COUNTY SHERIFF’S
DEPARTMENT; DOES 1-5,
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Defendants.
_____________________________________/
[ECF No. 10 ]
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INTRODUCTION
The plaintiff Etta Johnson filed this pro se complaint under 42 U.S.C. § 1983 relating to actions
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she alleges the Alameda County Sheriff’s deputies took against her while she was at Highland
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Hospital. (Complaint, ECF No. 1.1) She has named as defendants in the action the County of
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Alameda,2 and officers of the Alameda County Sheriff’s department, currently identified as Doe
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defendants. (Id.) The County of Alameda has moved to dismiss the plaintiff’s complaint under Rule
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12(b)(6) arguing that the plaintiff has failed to allege facts establishing a plausible Monell claim
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against the County. (Motion, ECF No. 10.) The parties have consented to magistrate judge
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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page numbers at the top of the document.
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The plaintiff has erroneously sued the County of Alameda as the “Alameda County
Sheriff’s Department.”
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ORDER
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jurisdiction. (ECF Nos. 8, 11.) Pursuant to Civil Local Rule 7-1(b), the court finds this matter
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suitable for determination without oral argument. Upon consideration of the record in this case, the
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parties’ moving papers, and the applicable legal authority, the court GRANTS the defendant County
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of Alameda’s motion to dismiss.
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STATEMENT
I. PLAINTIFFS’ ALLEGATIONS
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On or about August 18, 2014, the plaintiff alleges that she was assaulted by a young man on
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Clay Street in Oakland. (Complaint, ECF No. 1 at ¶ 5.) According to the plaintiff, the man “grabbed
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[her] keys, which were hooked around [her] right thumb and tried to grab [her] bag.” (Id.) Police
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officers came and issued the man a ticket. (Id. at ¶ 7.)
Later that day, the plaintiff had pain in her thumb “from when [her] keys were ripped
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For the Northern District of California
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out of her hand,” and she “was having a headache,” so she decided to go to the hospital. (Id. at ¶ 8.)
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When the plaintiff stopped her car at 14th Street and Brush Street, the man who assaulted her
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earlier that day “came up and kicked the right front panel” of the plaintiff’s car. The plaintiff “was
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very upset by the events that day and returned back to [her] house,” and called the police. (Id. at ¶
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9.)
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Officers from the Oakland Police Department arrived, made a report of the car damage and
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summoned an ambulance for the plaintiff at her request. (Id. at ¶ 10.) The ambulance took the
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plaintiff to Highland Hospital (Id.)
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The plaintiff believes that the hospital gave her a “sedative and a narco for pain.” (Id. at ¶ 11.)
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Some time later, the plaintiff alleges that she was awakened by a nurse and was told she was going
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to be released from the hospital. (Id. at ¶ 12.) The plaintiff alleges that two nurses escorted her to the
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lobby because she was “unstable from the medication.” (Id.)
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The plaintiff alleges that “the nurses were going to leave [her] in the lobby, and that two
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[Alameda County] Sheriff’s deputies in the lobby said no. They told the nurses to give [the plaintiff]
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to them.” (Id. at ¶ 13.) The plaintiff asserts that “telling [her] that [she] was going to jail, the
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deputies threw [her] to the floor forcing [her] to land on the left side of [her] face causing severe
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injury and pain.” (Id. at ¶ 14.) The plaintiff alleges that the female officer “put her knee into [the
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plaintiff’s] back” causing pain, bruises and continuing injury. (Id.) The male officer allegedly
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“grabbed [the plaintiff’s] arms, and aggressively pulled back her right thumb” causing her severe
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pain and reportedly “tearing the tendon.” (Id.)
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The officers then allegedly “pulled [the plaintiff] out in front of the hospital, put [her] against
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their car, and searched [her].” The plaintiff alleges that the deputies then “dragged [her] back
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into the hospital and put [her] into a holding cell, still handcuffed, without any information about
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why [she] was being arrested.” (Id. at ¶¶ 15-16.)
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The plaintiff then alleges that the female officer went through the files in the plaintiff’s purse,
and took out the plaintiff’s “ID.” (Id. at ¶ 18.) The Sheriff’s deputy then allegedly “ran” the
arrested.” (Id.) The plaintiff claims “[b]oth officers looked very nervous.” (Id.) The plaintiff then
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For the Northern District of California
plaintiff’s name. The plaintiff asserts that she heard the Sheriff’s deputy say: “Oh my god, she’s not
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told the Sheriff’s deputies that she wanted to go back into the hospital, but the deputies “told her
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[she] couldn’t” and would not “allow [her] to return to the hospital to have her injuries looked at.”
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(Id. at ¶ 19.) Instead, another Sheriff’s deputy came and dropped the plaintiff off at her house. (Id. at
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¶ 20.)
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The plaintiff alleges that her thumb became swollen and that she had pains down her arm. (Id. at
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¶ 21.) A few days later, the plaintiff returned to the hospital. (Id.) The plaintiff alleges that she has
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ongoing pain in her back, thumb and arm and that she has received treatment from an orthopedist.
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She has also received treatment from a chiropractor for pain in her back allegedly caused by the
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deputy putting her knee into the plaintiff’s spine. (Id. at ¶¶ 21-22.)
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ANALYSIS
I. LEGAL STANDARD
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Federal Rule of Civil Procedure 8(a) requires that a complaint contain a “short and plain
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statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). A
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complaint must therefore provide a defendant with “fair notice” of the claims against it and the
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grounds for relief. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quotation and
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citation omitted).
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A court may dismiss a complaint under Federal Rule of Civil Procedure 12(b)(6) when it does
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not contain enough facts to state a claim to relief that is plausible on its face. See Twombly, 550 U.S.
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at 570. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court
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to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v.
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Iqbal, 129 S. Ct. 1937, 1949 (2009). “The plausibility standard is not akin to a ‘probability
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requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id.
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(quoting Twombly, 550 U.S. at 557). “While a complaint attacked by a Rule 12(b)(6) motion to
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dismiss does not need detailed factual allegations, a plaintiff’s obligation to provide the ‘grounds’ of
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his ‘entitle[ment] to relief’ requires more than labels and conclusions, and a formulaic recitation of
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the elements of a cause of action will not do. Twombly, 550 U.S. at 555 (internal citations and
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parentheticals omitted).
In considering a motion to dismiss, a court must accept all of the plaintiff's allegations as true
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and construe them in the light most favorable to the plaintiff. See id. at 550; Erickson v. Pardus, 551
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U.S. 89, 93-94 (2007); Vasquez v. Los Angeles County, 487 F.3d 1246, 1249 (9th Cir. 2007).
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II. DISCUSSION
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The County of Alameda moves to dismiss the claim against it on the grounds that the plaintiff’s
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§ 1983 claim fails to establish a plausible Monell claim against the County. (Motion, ECF No. 10 at
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1.) The plaintiff does not oppose the County’s motion to dismiss, but requests that the court grant
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her leave to amend to add the names of the deputies involved. (Response, ECF No. 13 at 2.) The
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County asks that the court grants its motion to dismiss with prejudice and without leave to amend,
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but it does not oppose the plaintiff’s request that the court grant her leave to amend the complaint to
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add the names of the deputies involved. (Reply, ECF No. 14 at 1-2.)
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To state a claim under 42 U.S.C.§ 1983, a plaintiff must allege two elements: (1) a right secured
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by the Constitution or laws of the United States was violated, and (2) the violation was committed
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by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988). Wilkins v.
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Alameda Cnty. Sheriff's Office, No. C 15-1706 LB, 2015 WL 2250132, at *1 (N.D. Cal. May 13,
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2015). Local governments are “persons” subject to liability under 42 U.S.C. § 1983 where official
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policy or custom causes a constitutional tort. Monell v. Dep’t of Social Servs., 436 U.S. 658, 690-91
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(1978). A municipality, however, may not be held vicariously liable for the unconstitutional acts of
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its employees under the theory of respondeat superior. See Bd. of County Comm’rs v. Brown, 520
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U.S. 397, 403 (1997); Monell, 436 U.S. at 691; Fuller v. City of Oakland, 47 F.3d 1522, 1534 (9th
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Cir. 1995).
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To impose municipal liability under § 1983 for a violation of constitutional rights, a plaintiff
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must show: “(1) that [the plaintiff] possessed a constitutional right of which [she] was deprived; (2)
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that the municipality had a policy; (3) that this policy amounts to deliberate indifference to the
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plaintiff's constitutional right; and (4) that the policy is the moving force behind the constitutional
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violation.” See Plumeau v. School Dist. #40 County of Yamhill, 130 F.3d 432, 438 (9th Cir. 1997)
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(citations and internal quotation marks omitted). For municipal liability, a plaintiff must plead
defendant to effectively defend itself, and these facts must plausibly suggest that the plaintiff is
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sufficient facts regarding the specific nature of the alleged policy, custom or practice to allow the
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entitled to relief. See AE v. County of Tulare, 666 F.3d 631, 636-37 (9th Cir. 2012). It is not
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sufficient to merely allege that a policy, custom or practice existed or that individual officers'
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wrongdoing conformed to a policy, custom or practice. See id. at 636-68. See also Wilkins v.
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Alameda Cnty. Sheriff's Office, No. C 15-1706 LB, 2015 WL 2250132, at *2 (N.D. Cal. May 13,
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2015)
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Here, the plaintiff does not allege any policy, custom or practice by Alameda County or the
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Alameda County Sheriff’s department that would support a claim for municipal liability under
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Monell. (Complaint, ECF No. 1.) While the plaintiff has not opposed Alameda County’s motion to
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dismiss, even if no request to amend is made, the court should grant leave to amend “unless it
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determines that the pleading could not possibly be cured by the allegation of other facts.” Lopez v.
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Smith, 203 F.3d 1122, 1127 (9th Cir. 2000) (quoting Cook, Perkiss and Liehe, Inc. v. Northern
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California Collection Serv. Inc., 911 F.2d 242, 247 (9th Cir. 1990)). The court therefore grants the
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motion to dismiss against the County, but does so without prejudice at this stage of the proceedings.
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The court grants the plaintiff’s request for leave to amend the complaint to add the names of the
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deputies.
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CONCLUSION
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Based on the foregoing, the court GRANTS the County of Alameda’s motion to dismiss and the
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County of Alameda is dismissed from this action without prejudice. The plaintiff may file an
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Amended Complaint consistent with this order by September 30, 2015.
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IT IS SO ORDERED.
Dated: August 21, 2015
_______________________________
LAUREL BEELER
United States Magistrate Judge
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For the Northern District of California
UNITED STATES DISTRICT COURT
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