Davis v. Clearlake Police Department

Background

On July 14, 2022, the court dismissed Davis’s civil-rights complaint. It dismissed the claims against the Clearlake Police Department, Lieutenant Herman, Sergeant Celli, and Officer Hobbs because Davis had not presented a legally recognizable claim for relief. The court gave him 28 days to file an amended complaint and later extended the deadline to December 14, 2022.

Davis’s Response

Davis did not file an amended complaint. Instead, on December 19, 2022, he filed a response arguing that his complaint should not have been dismissed. The court treated the response, to the extent it sought reconsideration, as subject to the requirements of Civil Local Rule 7-9. That rule requires a party seeking reconsideration of an earlier order to identify a qualifying difference in facts or law, newly emerged material facts or a change in law, or the court’s failure to consider material facts previously presented.

The court found that Davis’s response did not identify any of those circumstances. It said he expressed disagreement with the order but did not dispute the court’s specific findings or address the reasoning and legal authority supporting them. The court noted that disagreement with its order could be raised on appeal but was not a proper basis for reconsideration.

Disposition

The court had twice cautioned Davis that failing to file an amended complaint would result in dismissal of his remaining claims. Because he neither amended the complaint nor showed cause for not doing so, the court DISMISSED with prejudice the claims against the Clearlake County Defendants—the Clearlake Police Department, Lieutenant Herman, Sergeant Celli, and Officer Hobbs. Judge Jacqueline Scott Corley also ordered the clerk to enter judgment and close the file.