Duncan
Duncan v. County of Humboldt
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DARCEY LEE DUNCAN, Case No. 23-cv-01847-JSC
Plaintiff,
ORDER RE: DEFENDANTS’ MOTIONS
v. TO DISMISS
COUNTY OF HUMBOLDT, et al., Re: Dkt. Nos. 35, 36 Defendants.
12 Darcey Lee Duncan sues the County of Humboldt, seven County employees, and two employees of the Cher-Ae Heights Indian Community of the Trinidad Rancheria for claims arising from the custodial placement of her nieces. (Dkt. No. 25.) Defendants move to dismiss Ms. Duncan’s claims for lack of subject matter jurisdiction and failure to state a claim. (Dkt. Nos. 35, 36.) Having carefully considered the briefing, and with the benefit of oral argument on February 8, 2024, the Court GRANTS the United States’s motion to dismiss because Ms. Duncan has failed to comply with the Federal Tort Claims Act’s administrative exhaustion requirements, and GRANTS the County Defendants’ motion to dismiss on qualified immunity and failure to state a claim grounds. …