Harned v. Landahl

KARLTON, District Judge.

This matter is before the court on defendant’s motion to dismiss. The standards for such motions are well-known and need not be repeated here. See Johnson v. City of Chico, 725 F.Supp. 1097, 1098 (E.D.Cal.1989).

I

PLAINTIFF’S CAUSE OF ACTION

Plaintiff brings suit under 42 U.S.C. § 1983 against John Landahl, a Folsom City Police Officer. Plaintiff alleges that Landahl submitted an affidavit which contained materially false representations to a state judge in support of a search warrant. In reliance on that affidavit a warrant issued authorizing the search of plaintiffs…