What is the test for a motion to dismiss a claim that a search conducted during a search of a person's home during which the search resulted in a violation of his right to privacy protection?

MultiRegion, United States of America

The following excerpt is from Larios v. Lunardi, No. 2:15-cv-02451-MCE-CMK (E.D. Cal. 2016):

3. Plaintiff argues that he also pled a violation of his right under the Fourteenth Amendment to protection from government interference of familial associations. Roberts v. U.S. Jaycees, 468 U.S. 609, 619 (1984) (fourteenth amendment protects relationships that "attend [to] the creation and sustenance of a family" and "highly personal relationships"). That argument is not persuasive. Plaintiff does not come even close to adequately stating such a claim. Indeed, he has failed to identify any family relationship or how the challenged search interfered with that relationship. Defendant's motion to dismiss this purported claim is thus GRANTED with leave to amend.

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