Roberts v. Caesar's Entertainment, Inc.

MEMORANDUM OPINION

SAVAGE, District Judge.

This action arises out of the arrest and the prosecution of. two former employees, union members, for theft at the instigation' of the employer. In moving to dismiss the amended complaint, the defendants raise two issues: (1) whether the plaintiffs have sufficiently alleged a deprivation of liberty constituting a seizure under the Fourth Amendment necessary to satisfy an essential, element of a § 1983 cause of action based on a malicious prosecution theory; and (2) whether the state law claims are preempted by federal labor law.

Plaintiffs Catherine…