Summary
The United States District Court for the Eastern District of California recommends dismissing Rosendo Gonzalez, Jr.’s amended civil-rights complaint arising from his April 5, 2025 arrest. The court concludes that the allegations do not plausibly establish a false-arrest or other constitutional claim, that certain defendants are immune, and that amendment would be futile; it also denies as moot the motion for an extension of time.
Holdings
- The amended complaint failed to state a claim because its allegations were vague and conclusory and did not plausibly establish a constitutional violation or entitlement to relief.
- The claims against Judges Leah Sears and Corie Caraway were barred by absolute judicial immunity because the alleged conduct consisted of judicial acts.
- The alleged absence of a wet-ink signature did not render the warrant invalid.
- Plaintiff failed to state a false-arrest claim because he did not plausibly allege that defendants lacked probable cause for his arrest.
- Leave to amend should be denied because plaintiff had already amended and the deficiencies could not be cured by another amendment.
Questions Presented
- Whether the amended complaint stated a plausible claim under 42 U.S.C. § 1983 and related state law based on plaintiff's arrest and allegedly defective warrant.
- Whether the claims against the state-court judges were barred by absolute judicial immunity.
- Whether the allegation that the warrant lacked a wet-ink signature established that the warrant and arrest were invalid.
- Whether plaintiff adequately pleaded the absence of probable cause necessary for a § 1983 false-arrest claim.
- Whether plaintiff should be granted leave to amend again.
Disposition
other
Cases Cited (21)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
- Kobold v. Good Samaritan Reg’l Med. Ctr., 832 F.3d 1024, 1038 (9th Cir. 2016)(followed)
- Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264 n.2 (9th Cir. 2006) (en banc)(followed)
- Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam)(followed)
- Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017)(followed)
- Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997), quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)(followed)
- Swift v. California, 384 F.3d 1184, 1188 (9th Cir. 2004)(followed)
- Cleavinger v. Saxner, 474 U.S. 193, 199-200 (1985)(followed)
- Yousefian v. City of Glendale, 779 F.3d 1010, 1014 (9th Cir. 2015)(followed)
Showing top 10 of 21.
Cited In (0)
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Court Document
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