McGee v. The City of Hercules, 3:23-cv-05161

Plaintiff Anthony McGee was arrested by the Hercules Police Department on September 15, 2023, for allegedly failing to register as a sex offender under California law.
McGee asserts he had no conviction requiring registration and attempted to provide reasons and evidence to the arresting officers at the time.
Plaintiff claims he was coerced into registering after posting bail, citing undue fear and harassment.
McGee filed a Section 1983 claim against the City of Hercules and its police department, alleging unlawful arrest in violation of the Fourth Amendment and seeking substantial damages.
Defendants moved for judgment on the pleadings, arguing they had probable cause and that McGee was required to register,
The court considered the pleadings and judicially noticed public records but did not consider extraneous materials like police declarations or unauthenticated exhibits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause for arrest (Fourth Amendment)	Arrest was without probable cause; no registration owed	Officers relied on database/records; probable cause exists	Denied—pleadings do not show unequivocal probable cause
Requirement to register as sex offender	Not obliged to register; no qualifying conviction	Was required (per Judge Chen's order); no removal petition	MCgee was required to register, but no clear awareness by HPD
Consideration of extrinsic materials	Opposed use of outside records, not in pleadings	Sought inclusion of police declaration and forms	Only incorporated or judicially noticed records considered
Qualified immunity	Officers violated clear rights	No clear law; arrest was objectively lawful	Denied—law on false arrest is clear; merits not established

Chavez v. United States, 683 F.3d 1102 (9th Cir. 2012) (standard for judgment on the pleadings)
Graham v. Connor, 490 U.S. 386 (1989) (§1983 as method for vindicating constitutional rights)
Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipalities subject to §1983 liability)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for pleading)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility and facial sufficiency of claims)
Devenpeck v. Alford, 543 U.S. 146 (2004) (objective probable cause standard)
District of Columbia v. Wesby, 583 U.S. 48 (2018) (probable cause for any offense suffices)
Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity for government officials)
Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity—clearly established law)
Saucier v. Katz, 533 U.S. 194 (2001) (qualified immunity—clear constitutional rights)