Heyward v. California Highway Patrol, et al

Filing 28

ORDER by Judge Breyer granting 22 Motion to Dismiss and dismissing without leave to amend (crblc2S, COURT STAFF) (Filed on 11/6/2017) (Additional attachment(s) added on 11/7/2017: # 1 Certificate/Proof of Service) (lsS, COURT STAFF).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 MARCO HEYWARD, 9 Plaintiff, 10 United States District Court Northern District of California 11 12 v. CALIFORNIA HIGHWAY PATROL, et al., Case No. 17-cv-02890-CRB ORDER GRANTING MOTION TO DISMISS [DKT. 22] AND DISMISSING WITHOUT LEAVE TO AMEND Defendants. 13 14 On April 12, 2017, Plaintiff Marco Heyward (“Heyward”) filed suit in Alameda 15 County Superior Court against Defendants California Highway Patrol (“CHP”) and Officer 16 Garrett Hyer. See Compl. (dkt. 1). Heyward brings claims under 42 U.S.C. § 1983 for 17 violations of the Due Process Clause of the Fourteenth Amendment, the Equal Protection 18 Clause of the Fourteenth Amendment, and the Sixth Amendment. Id. at 4–9. He also 19 brings a claim under Cal. Penal Code § 118. Id. 20 On May 19, 2017, the CHP removed the action to this Court. See Not. of Removal 21 (dkt. 1). This Court granted CHP’s motion for judgment on the pleadings under Federal 22 Rule of Civil Procedure 12(c) on Aug. 18, 2017, reasoning that Heyward could not make 23 out a § 1983 claim against CHP because it is a state agency. See dkt. 17. Officer Hyer 24 now moves to dismiss Heyward’s complaint for failure to state a claim under Federal Rule 25 of Civil Procedure 12(b)(6). 26 Heyward’s claim arises out of a citation for a moving violation issued by Officer 27 Hyer. Hyer argues that Heyward cannot maintain an action for damages resulting from the 28 citation because the judge at the citation hearing found Heyward guilty of the moving

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