Amatrone et al v. Winkler et al

Filing 20

ORDER GRANTING MOTION TO DISMISS by Judge Jon S. Tigar granting 15 Motion to Dismiss. Amended Pleadings due by 12/15/2017. (wsn, COURT STAFF) (Filed on 11/20/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT AMATRONE, et al.,

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Plaintiffs,

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ORDER GRANTING MOTION TO
DISMISS

v.

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ERIC WINKLER, et al.,

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Re: ECF No. 15

Defendants.

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United States District Court
Northern District of California

Case No. 17-cv-03003-JST

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Before the Court is Defendant California Department of Insurance (“CDI”) and Defendant

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Eric Winkler’s (collectively, “Defendants”) motion to dismiss. The Court will grant the motion.

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I.

INTRODUCTION
On May 24, 2017, Plaintiffs filed suit against CDI and Eric Winkler, a “Sergeant” with

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CDI. ECF No. 1 at 2. Plaintiffs claim that Winkler and various law enforcement officials

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conducted an illegal search of their home on March 26, 2014. Id.1 During the search, Plaintiffs

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allege that Winkler planted evidence “to build a criminal insurance fraud case against Robert

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Amatrone.” Id. at 3. Plaintiffs also allege that Winkler interrogated Plaintiff Sharlow, threatened

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her, and confiscated her property. Id. at 3-5. In addition to these facts specific to Defendants CDI

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and Winkler, the Complaint contains multiple allegations relating to the other officials present

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during the search. See generally ECF No. 1 (e.g., “Approximately 10 to 15 armed officers with

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assault rifles and guns entered the home and held plaintiff Marla Sharlow at gun point.”)

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Plaintiffs allege three causes of action. First, Plaintiffs “claim damages under 42 U.S.C.

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§ 1983 for the injuries set forth against Defendant Winkler.” ECF No. 1 at 5. Second, Plaintiffs

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This March 26 search is the subject of a second lawsuit, which is also pending before this Court.
Case No. 15-cv-1356. Plaintiffs named Defendant CDI and Winkler in that case as well.

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assert a false imprisonment claim against Defendant Winkler. Id. Third, Plaintiffs assert a section

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1983 claim against CDI for maintaining “policies or customs exhibiting deliberate indifference to

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the constitutional rights of persons in the State of California which caused the violation of

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Plaintiff’s rights.” Id. at 6. Defendants now move to dismiss all three claims. ECF No. 15.

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Plaintiffs did not file an opposition to the motion.

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II.

LEGAL STANDARD
A complaint must contain “a short and plain statement of the claim showing that the

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pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). While a complaint need not contain detailed

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factual allegations, facts pleaded by a plaintiff must be “enough to raise a right to relief above the

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speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). “To survive a motion

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United States District Court
Northern District of California

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to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to

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relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation

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marks omitted). “A claim has facial plausibility when the plaintiff pleads factual content that

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allows the court to draw the reasonable inference that the defendant is liable for the misconduct

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alleged.” Id. While the legal standard is not a probability requirement, “where a complaint pleads

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facts that are merely consistent with a defendant’s liability, it stops short of the line between

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possibility and plausibility of entitlement to relief.” Id. (internal quotation marks omitted). The

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Court must “accept all factual allegations in the complaint as true and construe the pleadings in the

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light most favorable to the nonmoving party.” Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.

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2005).

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III.

ANALYSIS

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A.

Section 1983 Claims

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Defendants’ first ground for relief is that Plaintiffs’ claims are barred by the Eleventh

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Amendment to the United States Constitution. “[I]n the absence of consent a suit in which the

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State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh

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Amendment.” Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 100 (1984). The same

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is true for “a suit against a state official in his or her official capacity[, which] is not a suit against

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the official but rather is a suit against the official’s office.” Will v. Michigan Dep’t of State
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Police, 491 U.S. 58, 71 (1989). Accordingly, all claims against the California Department of

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Insurance and against Eric Winkler in his official capacity2 are dismissed without prejudice to

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Plaintiffs’ right to seek any available relief in state court.3 This finding does not apply to

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Plaintiffs’ claims for “prospective injunctive relief,”4 Flint v. Dennison, 488 F.3d 816, 825 (9th

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Cir. 2007), or to Plaintiffs’ claims against Eric Winkler in his personal capacity.
Those section 1983 claims that are not barred by the Eleventh Amendment were filed after

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the applicable statute of limitations had expired. The statute of limitations for section 1983

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actions is governed by the statute of limitations for personal injury actions in the forum state.

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Maldonado v. Harris, 370 F.3d 945, 954 (9th Cir. 2004). In California, for conduct occurring after
2003, that statute of limitations is two years. Id. at 954-55. In this case, the allegedly wrongful

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United States District Court
Northern District of California

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conduct occurred on March 26, 2014, ECF No. 1 at 2, yet Plaintiffs did not file suit until May 23,

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2017. Plaintiffs’ remaining section 1983 claims are dismissed as untimely.5 Plaintiffs may file an

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amended complaint to include tolling allegations.

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B.

False Imprisonment Claim

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After dismissal of Plaintiffs’ section 1983 claims, only Plaintiffs’ state law false

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imprisonment claim remains. “A district court’s decision whether to exercise [supplemental]

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jurisdiction after dismissing every claim over which it had original jurisdiction is purely

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discretionary.” Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635, 639 (2009). Generally,

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however, “if the federal claims are dismissed before trial, . . . the state claims should be dismissed

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as well.” United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726 (1966). Here, the Court

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Plaintiffs sued Winkler in his personal and professional capacity. ECF No. 1 at 2.

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“[A]s we have stated on many occasions, ‘the Eleventh Amendment does not apply in state
courts.’” Hilton v. S.C. Pub. Railways Comm'n, 502 U.S. 197, 204-05 (1991) (quoting Will v.
Michigan Dep't of State Police, 491 U.S. 58, 63-64 (1989)).
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In their prayer for relief, Plaintiffs ask the Court to “[e]nter a permanent injunction . . .requiring
Defendant California Department of Insurance to adopt appropriate policies related to the hiring
and supervision of its offices.” ECF No. 1 at 7.
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Plaintiffs do not argue for delayed accrual of their claims based on the discovery rule. Nor does
their Complaint allege facts showing: “(1) the time and manner of discovery and (2) the inability
to have made earlier discovery despite reasonable diligence.” Fox v. Ethicon Endo-Surgery, Inc.,
110 P.3d 914, 921 (2005)
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declines to exercise supplemental jurisdiction over Plaintiffs’ false imprisonment claim.
CONCLUSION

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The Court dismisses with prejudice Plaintiffs’ section 1983 claims for damages against

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Defendant CDI and Defendant Winkler in his official capacity. The Court dismisses without

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prejudice Plaintiffs’ section 1983 claims for prospective injunctive relief and against Defendant

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Winkler in his personal capacity. If Plaintiffs choose to re-plead those claims, they may also re-

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plead their state law false imprisonment claim. Any amended complaint is due by December 15,

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2017.

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IT IS SO ORDERED.
Dated: November 20, 2017

United States District Court
Northern District of California

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______________________________________
JON S. TIGAR
United States District Judge

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