United States District Court, W.D. Washington, Seattle
MOISES E. PONCE ALVAREZ, Plaintiff,
KING COUNTY, et al., Defendants.
Honorable Richard A. Jones United States District Judge.
matter comes before the Court on Plaintiff Moises E. Ponce
Alvarez's Motion for Leave to File an Amended Complaint.
Dkt. # 39. For the reasons that follow, the Court
DENIES Plaintiff's motion.
FACTUAL AND PROCEDURAL BACKGROUND
parties are familiar with the facts of this case. In brief,
Plaintiff Moises E. Ponce Alvarez alleges that the
Defendants, King County Sheriff's Deputies, subjected him
to excessive force in violation of the Fourth and Fourteenth
Amendments. Dkt. # 1.
allegations stem from an incident that occurred on May 21,
2014 when Plaintiff pulled his car into an alley in the White
Center neighborhood of unincorporated King County after
experiencing engine trouble. The events that followed are
disputed, but Plaintiff alleges that the Defendants pulled
him out of his car, threw him to the ground, and punched and
kicked him while he slipped in and out of consciousness.
Eventually, Plaintiff was arrested. Dkt. # 1.
months after the deadline for amending the complaint, the
Defendants filed a motion for summary judgment, arguing in
part that Plaintiff failed to allege sufficient facts to
state a claim for excessive force against one of the
Defendants, King County Sheriff's Deputy, Cassandra
Bertaina-the only woman among the Defendants. Dkt. # 27;
see also Dkt. # 18 (Scheduling Order setting
February 1, 2017 as the deadline for amending pleadings).
Because Defendants' argument concerning Deputy Bertaina
rested wholly on the contents of Plaintiff's complaint,
the Court construed the Motion for Summary Judgment as a
motion for judgment on the pleadings under Federal Rule of
Civil Procedure 12(c). See Dkt. #38 at 3.
the Rule 12(c) standard, the Court found “no set of
facts consistent with the allegations in the complaint”
that would entitle the Plaintiff to relief. Plaintiff failed
to allege in his complaint that Deputy Bertaina used any
force against him at all. Dkt. # 38 (quoting Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 563 (2007)). The Court
therefore dismissed Plaintiff's claim without prejudice,
and warned Plaintiff that any subsequent motion for leave to
amend should include a showing of good cause under Rule 16,
as the deadline for amending pleadings expired on February 1,
2017. Dkt. # 38 at 5.
30, 2017 Plaintiff filed the instant motion for leave to
amend his complaint, seeking to add additional facts
demonstrating that Deputy Bertaina used excessive force in
the alleyway on May 21, 2014. Dkt. # 39. Specifically, the
Plaintiff seeks to amend his complaint to include the
following language, emphasized below:
During the incident, Moises was punched, kicked, beaten, and
slammed to the gravel pavement by multiple individuals who he
understands to be above named defendants Buchan, Hennesy,
Bertaina[, ] and Price.
Moises could also tell that the female in the group of
individuals, Bertaina, told him to shut up, was using her
knees to hit him on his side, punched him and hit him in the
Dkt. # 39 at 2.