Facts

Stephen Eberhard sued the California Highway Patrol, CHP Officers Christopher Dabbs, Kory Reynolds, and Teddy Babcock, CHP Captain James Epperson, CHP Chief Bridget Lott, the California Department of Transportation, and Caltrans Director Charlie Fielder, in connection with an incident that occurred on July 23, 2013 in Willits.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed he was a photojournalist for The Willits News. He covered the Willits Bypass Project, involving a 5.9-mile-long, four-lane freeway construction project. Caltrans, which oversaw the project, had been the subject of media coverage due to lawsuits and protests. Plaintiff alleged that he had been harassed and intimidated by CHP officers. Plaintiff claimed the officers harassed him due to his coverage of the project. The harassment culminated in his arrest where he spent at least two hours in a jail cell. Plaintiff then sued defendants, asserting a number of statutory and constitutional violations, including, among others, First Amendment rights violations, false arrest, and false imprisonment.

Plaintiff's arrest garnered media coverage, including newspaper editorials criticizing his arrest. Plaintiff alleged that in response to those editorials, CHP Chief Lott and Caltrans Director Fielder wrote letters to the editors. Plaintiff claimed that Lott and Fielder's letters defamed him and were in retaliation for his exercise of his First Amendment rights.

DEFENDANT'S CONTENTIONS:
The defendants maintained that Eberhard was lawfully arrested for trespassing and for refusing a lawful order to leave the construction site. Lott, Fielder and Caltrans filed Rule 12(b)(6) motions to dismiss the claims against them that were based upon Lott and Fielder's letters. Caltrans also argued that it had no involvement in Eberhard's arrest.

Result

The district court granted Caltrans, Fielder, and Lott's motions to dismiss Eberhard's claims because they were inadequately plead. The court gave Eberhard leave to amend.