Schmidt v. County of Nevada

MEMORANDUM AND ORDER

FRANK C. DAMRELL, JR., District Judge.

This matter is before the court on the motion of defendants County of Nevada (“Nevada County”), Nevada County Sheriffs Office (“Sheriffs Office”), and James Bennet (“Bennett”) (collectively, “defendants”) to dismiss plaintiffs complaint pursuant to Federal Rule of Civil Procedure (“FRCP”) 12(b) (6). 1 Plaintiff Jon-Cory Schmidt (“plaintiff’) opposes the motion. For the reasons set forth below, defendants’ motion to dismiss is GRANTED. 2

BACKGROUND

Plaintiff is the owner of a parcel of land located in Nevada County. According to…