Facts

From 1997 to 2009, plaintiffs James Benno, Jessica Solano, Walter Carney and Jerilyn Carney began collectively cultivating medical marijuana on their properties. On December 13, 2011, Shasta County enacted an ordinance which allowed indoor and outdoor cultivation of marijuana. On January 28, 2014, Shasta County subsequently enacted an ordinance banning outdoor cultivation of marijuana. From 2013 to 2014 four discrete raids were performed on plaintiffs' properties where plaintiffs' medical marijuana plants were removed. Plaintiffs filed a complaint against defendants Shasta County, California Shasta County Sheriff's Department, Shasta County Code of Enforcement Office and Shasta County Board of Supervisors claiming their constitutional rights were violated during a raid on plaintiffs' property.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendants' seizure of plaintiffs' marijuana pants were a violation of the Fourth Amendment. Plaintiffs contended that the improper taking of the marijuana plants were a violation of the Fifth and Fourteenth Amendments.

DEFENDANTS' CONTENTIONS: Defendants contended that the Shasta County Board of Supervisors, Shasta County Code of Enforcement Office and Shasta County Sheriff's Department were not proper parties to the cause of action because they are separate entities from Shasta County. Defendants also contended that plaintiffs' complaint should be dismissed because plaintiffs failed to establish any fundamental vested right that defendants infringed.

Result

The district court granted defendants' motion to dismiss plaintiffs' complaint without leave to amend ruling that there is no fundamental right to cultivate marijuana.