Bryan v. Carlsbad, City of et al
ORDER Requiring Plaintiff to Supplement Motions. No later than August 18, 2017, Bryan should file a supplement to her two motions (See ECF No. 29 , 30 ) explaining what the proposed new Defendants should have done, and in what capacity they should have acted. Signed by Judge Larry Alan Burns on 8/7/2017. (All non-registered users served via U.S. Mail Service)(lrf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CASE NO. 17cv697-LAB (BLM)
ORDER REQUIRING PLAINTIFF TO
CITY OF CARLSBAD, et al.,
Plaintiff Catherine Bryan filed two motions, a motion to supplement her complaint and
a motion to add new Defendants. On review, it appears Bryan wants to add a claim against
Carlsbad city council members who, she says, are acquiescing in the City’s unconstitutional
action. Although her proposed supplemental complaint mentions a conspiracy, the only
overt act they are accused of is failing to act in response to a demand letter she sent them.
(Docket no. 29-1, ¶¶ 6–7, 9, 10.)
What is unclear is what Bryan thinks the council members individually or collectively
should have done. If she is arguing they should have taken action collectively as a council,
or individually as council members, they are immune from suit. See Bogan v. Scott-Harris,
523 U.S. 44, 54–56 (1998) (city council members were absolutely immune from suit under
§ 1983 for legislative acts). If she believes they were acting (or failing to act) in some other
capacity, she does not say what that was. And the lack of an explanation of what they should
have done makes it impossible to infer.
No later than August 18, 2017, Bryan should file a supplement to her two motions
explaining what the proposed new Defendants should have done, and in what capacity they
should have acted. The supplement should not be longer than two pages.
If Bryan does not provide a satisfactory explanation as directed, the motions may be
denied summarily. This order does not suspend the normal briefing schedule, and
Defendants should not wait for an order from the Court before filing their oppositions.
IT IS SO ORDERED.
DATED: August 7, 2017
HONORABLE LARRY ALAN BURNS
United States District Judge
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