The city of Pleasanton is, for the second time, trying to get a federal case tossed out of court.
The initial case was filed by Brian Lancaster in October based on incidents occurring a year ago. It names the Police Department, K-9 Officer Tim Martens, an Alameda County sheriff's deputy and a San Ramon attorney and asks for $3 million.
The lawsuit stems from a divorce; in court documents Lancaster claims his ex-wife Lisa Secord convinced San Ramon family attorney Leslie Regina to obtain confidential documents. Lancaster also alleges her current husband, Trey Secord, recruited his friend, Pleasanton police Officer Tim Martens to arrest him by planting false evidence.
Lancaster claims, among other things, false arrest and false imprisonment, malicious prosecution, conspiracy to interfere with civil rights, defamation of character and intentional infliction of emotional distress.
In his suit, Lancaster claims Martens, who knew Troy Secord from transactions through his online model car racing business, use his position as a police officer "to conduct unauthorized research and obtain confidential information," and that he used his position as an officer to make a Jan. 16 traffic stop against Lancaster.
The Oakland law firm Jarvis, Fay Doporto and Gibson is handling the city's case. In the motion to dismiss, the firm claims the city cannot be sued "for an injury inflicted solely by its employees or agents."
The firm also says in its motion that Lancaster was not deprived of his rights, he has improperly sued Pleasanton, that Lancaster's suit leaves out key facts and that it doesn't tie the case together properly.
The motion to dismiss also claims that both the city and Martens are immune to prosecution on a number of the claims made by Lancaster.
In January, Pleasanton's first motion to dismiss was thrown out after Lancaster's attorney filed an amended lawsuit. The new motion to dismiss is set to be heard Feb. 14.