Facts

Michael Lewis, Lauren Taylor and their minor children, Cameran and Bailey Lewis, sued the County of San Diego, the City of Coronado, Patrick O'Malley, Robert Cline, Ian Baxter, N. Quinteros, Benita Jemison, Abigail Joseph, Antonia Torres, Brooke Guild, and Alfredo Guardado relating to the removal of Cameran and Bailey from the family home and subsequent placement in an emergency shelter and foster care.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that on Aug. 5, 2011 two City of Coronado police officers went to the Lewis residence based on an anonymous tip that Michael and Lauren were smoking marijuana around their minor children and were operating an illegal day care in their home. The police did not find a day care facility being operated in the home and although they did find marijuana, Michael had a legal medical marijuana recommendation to use it, which he provided to the officers. The officers wrote a report, listing marijuana as the only "hazard" in the home. Three days later, two San Diego county employees from the Department of Health and Human Services Agency, accompanied by two City of Coronado police officers, returned to the Lewis residence and took Cameran and Bailey from the home. The children were taken to an emergency shelter for allegedly being abused and neglected. The children remained there without their parents for about two weeks. They were later placed in foster care for about a year until they were finally reunited with their parents.

Plaintiffs sued the County of San Diego, City of Coronado and various county and city employees for violation of civil rights laws under 42 USC Section 1983, and for battery, false imprisonment, negligence, intentional infliction of emotional distress, and Bane Act violations.

DEFENDANTS' CONTENTIONS:
The City of Coronado and the two City of Coronado police officers brought a motion to dismiss the first amended complaint, arguing that it failed to state a claim for relief, the state law claims were barred for failure to comply with the California Government Claims Act, and that defendants were immune from liability.

Result

The court granted defendants' motion to dismiss for failure to state a claim with leave to amend.

Other Information

The case is still active against the county defendants who took plaintiff's children.