King v. City of Antioch et al
Filing
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Order by Magistrate Judge Alex G. Tse granting 24 Motion to Dismiss First Amended Complaint. The hearing on the motion is vacated. (agtlc1, COURT STAFF) (Filed on 6/7/2021)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TROY KING,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 20-cv-06535-AGT
v.
CITY OF ANTIOCH, et al.,
Defendants.
ORDER GRANTING MOTION TO
DISMISS FIRST AMENDED
COMPLAINT
Re: Dkt. No. 24
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1. As in his original complaint, King seeks to hold Antioch liable based only on acts
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committed by Antioch police officers in the scope of their employment. This is a respondeat
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superior theory of liability, and a municipality may not be sued on this theory for constitutional
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injuries. See Horton v. City of Santa Maria, 915 F.3d 592, 603 (9th Cir. 2019). King has now had
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two opportunities to identify deliberate action by Antioch. He hasn’t done so, which leads the Court
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to conclude that further amendment of his constitutional claims against Antioch would be futile.
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These claims are dismissed with prejudice.
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2. King continues to sue unidentified Antioch police officers as Doe defendants. The Court
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gave King three months to identify these defendants, but it appears he wasn’t able to, and he hasn’t
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suggested that more time would make a difference. More time, the Court has determined, would
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also delay the inevitable. King has made efforts to add factual allegations, but they fall short of
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stating a constitutional claim against the Doe defendants.
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King alleges that Antioch police were called to his residence on numerous occasions to
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resolve disputes between him and the master tenant. His complaint summarizes what happened on
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each occasion. The facts alleged, however, don’t plausibly support that the officers treated King
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differently based on his membership in a protected class (equal protection claim); deprived him of
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life, liberty, or property (due process claim); conspired to violate his constitutional rights
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(conspiracy claim); or failed to stop others from violating his constitutional rights (failure-to-
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intervene claim). As a result, each of King’s constitutional claims lacks the factual heft needed to
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survive.1
Because King has neither identified, nor stated an actionable constitutional claim against the
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Doe defendants, his constitutional claims against them are dismissed.
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3. King’s amended complaint also includes several state-law claims. Having dismissed all
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federal claims prior to trial, the Court declines to exercise supplemental jurisdiction over the state-
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law claims. See 28 U.S.C. § 1367(c)(3). King may consider refiling these claims in state court.
The Clerk of the Court is directed to close this case.
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IT IS SO ORDERED.
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United States District Court
Northern District of California
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Dated: June 7, 2021
___________________________
ALEX G. TSE
United States Magistrate Judge
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See Hartmann v. Cal. Dep’t of Corr. & Rehab., 707 F.3d 1114, 1123 (9th Cir. 2013) (equal
protection claim); Hotop v. City of San Jose, 982 F.3d 710, 718 (9th Cir. 2020) (due process
claim); Crowe v. Cty. of San Diego, 608 F.3d 406, 440 (9th Cir. 2010) (conspiracy claim); Lolli v.
Cty. of Orange, 351 F.3d 410, 418 (9th Cir. 2003) (failure-to-intervene claim).
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