Facts

On February 4, 2022, Colin Dupre filed suit against the City of San Diego and several officers from the San Diego Police Department, including Chief David Nisleit, internal affairs officer Mosteller, and Lieutentant Dan Sayasane.

PLAINTIFF'S CONTENTIONS: Dupre contended that he began residing at the Alpha Project Homeless Shelter in November 2019; that he repeatedly refused to submit to COVID-19 testing, and on March 16, 2021, shelter staff informed him he was being transferred to a different homeless shelter. Dupre contended that he refused to leave, and staff called the SDPD. When officers arrived, they arrested Dupre and removed him from the shelter. After Dupre was out of the shelter, SDPD released him. Dupre contended that he filed a citizen's complaint with SDPD pertaining to his arrest, and he was interviewed by Mosteller; that Mosteller informed him Sayasane would oversee interviews of the arresting officer. Dupre contended that no one ever followed up regarding his grievances. Moreover, Dupre contended that in November 2021, he sought public records related to his arrest, but Sayasane denied his requests. Dupre contended that the defendants had violated his civil rights; had intentionally inflicted emotional distress upon him; and had been negligent. Furthermore, Dupre asserted causes of action for breach of contract; breach of the implied covenant of good faith and fair dealing; false imprisonment; assault; battery; and sexual battery.

DEFENDANTS' CONTENTIONS: The defendants denied any wrongdoing or liability.

Result

The court granted the defendants' motion to dismiss without leave to amend.