Pleasanton asks judge to dismiss federal lawsuit
Claims suit asking for $3 million is flawed
The city of Pleasanton is, for the second time, trying to get a federal case tossed out of court.
The initial case was filed by Brian Lancaster in October based on incidents occurring a year ago. It names the Police Department, K-9 Officer Tim Martens, an Alameda County sheriff's deputy and a San Ramon attorney and asks for $3 million.
Lancaster claims, among other things, false arrest and false imprisonment, malicious prosecution, conspiracy to interfere with civil rights, defamation of character and intentional infliction of emotional distress.
The Oakland law firm Jarvis, Fay Doporto and Gibson is handling the city's case. In the motion to dismiss, the firm claims the city cannot be sued "for an injury inflicted solely by its employees or agents."
The firm also says in its motion that Lancaster was not deprived of his rights, he has improperly sued Pleasanton, that Lancaster's suit leaves out key facts and that it doesn't tie the case together properly.
The motion to dismiss also claims that both the city and Martens are immune to prosecution on a number of the claims made by Lancaster.
In January, Pleasanton's first motion to dismiss was thrown out after Lancaster's attorney filed an amended lawsuit. The new motion to dismiss is set to be heard Feb. 14.