What is the test for dismissal of a claim for damages brought by a plaintiff against a police department?

MultiRegion, United States of America

The following excerpt is from Conte v. Jakks Pacific, Inc., Case No. 1:12-cv-0006 LJO GSA (E.D. Cal. 2012):

"absence of sufficient facts alleged under a cognizable legal theory," dismissal of the claim is proper. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).

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