Ames v. Lindquist et al

Filing 21

ORDER by Judge Benjamin H. Settle granting 13 Motion to Dismiss for Failure to State a Claim. Plaintiff to file amended complaint by 5/6/2016. (TG)

1
2
3
4
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

5
6
7

MICHAEL AMES,

8

Plaintiff,

9
10

ORDER GRANTING
DEFENDANTS’ MOTION TO
DISMISS AND GRANTING
PLAINTIFF LEAVE TO AMEND

v.
MARK LINDQUIST, et al.,

11

CASE NO. C16-5090 BHS

Defendants.

12
13

This matter comes before the Court on Defendants Mark Lindquist, Mark and

14 Chelsea Lindquist, and Pierce County’s (“Defendants”) motion to dismiss (Dkt. 13). The
15 Court has considered the pleadings filed in support of and in opposition to the motion and
16 the remainder of the file and hereby grants the motion for the reasons stated herein.
17
18

I. PROCEDURAL HISTORY
On February 2, 2016, Plaintiff Michael Ames filed a complaint against Defendants

19 in Pierce County Superior Court for the State of Washington. Dkt. 1, Exh. 1 (“Comp.”).
20 Ames asserts causes of action for violations of his constitutional rights, conspiracy to
21 violate his civil rights, abuse of process, invasion of privacy, constructive discharge,
22 outrage, and indemnification. Id.

ORDER - 1

1

On February 22, 2016, Defendants filed a motion to dismiss. Dkt. 13. On March

2 14, 2016, Ames responded. Dkt. 15. On March 18, 2016, Defendants replied. Dkt. 16.
3

II. DISCUSSION

4

Motions to dismiss brought under Rule 12(b)(6) of the Federal Rules of Civil

5 Procedure may be based on either the lack of a cognizable legal theory or the absence of
6 sufficient facts alleged under such a theory. Balistreri v. Pacifica Police Department,
7 901 F.2d 696, 699 (9th Cir. 1990). Material allegations are taken as admitted and the
8 complaint is construed in the plaintiff’s favor. Keniston v. Roberts, 717 F.2d 1295, 1301
9 (9th Cir. 1983). To survive a motion to dismiss, the complaint does not require detailed
10 factual allegations but must provide the grounds for entitlement to relief and not merely a
11 “formulaic recitation” of the elements of a cause of action. Bell Atlantic Corp. v.
12 Twombly, 127 S. Ct. 1955, 1965 (2007). Plaintiffs must allege “enough facts to state a
13 claim to relief that is plausible on its face.” Id. at 1974.
14

In this case, Defendants argue that Ames has failed to state valid claims for relief.

15 The Court agrees. For example, Ames claims violations of his civil rights by providing
16 labels of constitutional rights (Free Speech, Due Process, Equal Protection, etc.) and then
17 sets forth conclusory allegations that fail in a coherent manner to correlate specific
18 factual allegations with the elements of each cause of action. See Comp. ¶¶ 6.1–6.22. In
19 addition, Ames asserts a breach of contract claim against Defendants, but fails to allege
20 any contract existed between him and Defendant Lindquist in either his official or
21 individual capacity. Therefore, the Court grants Defendants’ motion to dismiss.
22

ORDER - 2

1

In the event the court finds that dismissal is warranted, the court should grant the

2 plaintiff leave to amend unless amendment would be futile. Eminence Capital, LLC v.
3 Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). Ames requests leave to amend (Dkt.
4 15 at 24) while Defendants oppose the request (Dkt. 16 at 11). Defendants, however, fail
5 to show that they are able to comprehend Ames’s claims to the extent that any
6 amendment would be futile. Because the Court is unable to determine what factual
7 allegations form the basis of each claim, the Court is unable to determine that any
8 amendment would be futile. Therefore, the Court grants Ames leave to amend.
9
10

III. ORDER
Therefore, it is hereby ORDERED that Defendants’ motion to dismiss (Dkt. 13) is

11 GRANTED and Ames is GRANTED leave to amend. Ames shall file an amended
12 complaint no later than May 6, 2016.
13

Dated this 21st day of April, 2016.

A

14
15

BENJAMIN H. SETTLE
United States District Judge

16
17
18
19
20
21
22

ORDER - 3