Danette Mulvaney et al v. California Highway Patrol et al
| Anita Louise Evans, Danette Mulvaney and Della Smith |
| California Highway Patrol, DOES, Deborah D Garcia, CHP Captain Tom Harvey McCreary, CHP Captain Merrit Mielke, John Perry, CHP Captain Patrick Rowe and CHP Lieutenant Shann Setter |
| Phyllis W Cheng |
| 5:2017cv01044 |
| February 26, 2018 |
| US District Court for the Central District of California |
| Eastern Division - Riverside Office |
| Christina A. Snyder |
| Karen L. Stevenson |
| Civil Rights: Other |
| 28 U.S.C. ยง 1343 Violation of Civil Rights |
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Filing
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MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: RE DEFENDANTS MOTION TO DISMISS 31 . The Court GRANTS defendants motion to dismiss plaintiffs section 1983 claims against all defendants. Given that the Eleventh Amendment bars plaintiffs claims for money damages against the CHP and against the individual CHP officers and employees in their official capacities, the Court concludes that these claims are foreclosed as a matter of law and that amendment to the FAC would be futile. The Court the refore dismisses plaintiffs section 1983 claims for money damages against the CHP and against the individual defendants in their individual capacities with prejudice. The Court GRANTS defendants motion to dismiss Smiths and Mulvaneys Title VII claims against all defendants. Insofar as Smith and Mulvaney failed to timely exhaust their administrative remedies, their Title VII claims fail as a matter of law. Because amendment to the FAC could not cure the deficiencies with respect to administrative exhaustion, the Court dismisses Smiths and Mulvaneys Title VII claims against all defendants with prejudice. (MD JS-6. Case Terminated) . (lc). Modified on 2/27/2018 (lc).
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