Medina et al v. City of Menlo Park et al

Filing 41

ORDER re Letter Briefs 40 Letter filed by City of Menlo Park, Thomas Crutchfield, Joshua Venzon, Nicholas Douglas, Ronald Prickett, Jonathan Baxter, 39 Letter filed by Oscar Campos, Joel Antonio Vasquez-Medina, Samuel Salgado, Hector Luis Valencia, Francisco Leon, Maria Medina, Walter Campos, Javier Anguiano, Rodolfo Medina, Jose Jesus Espinosa. Signed by Magistrate Judge Wayne D. Brazil on 6/17/2009. (hlk, COURT STAFF) (Filed on 6/17/2009)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MEDINA, et al., Plaintiffs, v. CITY OF MENLO PARK, et al. Defendants. _____________________________/ Having considered the letter briefs submitted by counsel following the May 19, 2009, case management conference, we are of the view, at this juncture, that if Plaintiffs can prove that Defendants intended to deny Plaintiffs' constitutional rights, Plaintiffs are permitted to pursue their cause of action for malicious prosecution under 42 U.S.C. § 1983. Usher v. City of Los Angeles, 828 F.2d 556, 561-62 (9th Cir. 1987) (quoting Bretz v. Kelman, 773 F.2d 1026, 1031 (9th Cir. 1985) (en banc)). However, it appears that Plaintiffs are barred from litigating a cause of action for malicious prosecution under state law against Defendants. Cal. Gov't Code §§ 815.2, 821.6. We are inclined, therefore, to dismiss the Third Cause of Action (State Law Malicious Prosecution) from the Second Amended Complaint. If any party disagrees with the Court's inclinations, it must file a motion by June 24, 2009, setting forth in detail the support for its position. /// /// No. C 08-3946 WDB ORDER RE LETTER BRIEFS

United States District Court

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For the Northern District of California

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Defendants are hereby ORDERED to file an answer or otherwise respond to the Second Amended Complaint by June 24, 2009. IT IS SO ORDERED. Dated: June 17, 2009 WAYNE D. BRAZIL United States Magistrate Judge

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