Court allows plaintiff leave to amend Sec. 1983/civil rights complaint on facts showing euthanasia of cat same day cat was impounded. Theis v. Yuba County Sheriff’s Department, Slip Copy, 2019 WL 3006261 (E.D. Cal. July 10, 2019). The cat in photo is a stock photo and not picture of euthanized cat.)
The Plaintiffs allege that their cat, Pizza, was unlawfully euthanized at Yuba County Animal Care Services shelter on or about February 9, 2018. Pizza went missing on or about February 9, 2018 and Plaintiffs found out later that same day that a neighbor had found the cat and brought it to the Yuba County animal shelter.
The Plaintiffs attempted to contact the shelter, but it had already closed for the evening. The next morning around 9:30 a.m., the Plaintiffs arrived at the shelter and learned that Pizza had been euthanized as early as 5:00 p.m. the night before.
The Plaintiffs contend that Pizza’s euthanization falls within an ongoing pattern and practice of abuse and failure to follow state and federal law.
The Defendants moved to dismiss Plaintiff’s First Amended Complaint and alleged that the Plaintiff’s did not plead facts sufficient to show that Barnhill engaged in unlawful conduct or to establish a substantive or procedural due process violation.
The Court, however, granted the Plaintiffs leave to amend their complaint as to the section 1983 claim. Ultimately, the Court ordered Plaintiff’s third cause of action for violations of their Fourteenth Amendment substantive and procedural due process rights be dismissed with leave to amend, the Plaintiff’s state law claims in their first, second, and fourth causes of action be dismissed with leave to amend to the extent consistent with the order, and denied the Defendant’s motions to strike Plaintiffs’ punitive damages claim.