Duncan

Duncan v. County of Humboldt

Good Law
United States District Court, Northern District of CaliforniaJune 27, 20243:23-cv-01847California7,014 words

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: MOTION TO DISMISS

v. SECOND AMENDED COMPLAINT

COUNTY OF HUMBOLDT, et al., Re: Dkt. No. 49 Defendants.

12 Plaintiff sues the County of Humboldt and seven County employees for claims arising from the custodial placement of her nieces. (Dkt. No. 47.) Defendants move to dismiss Plaintiff’s second amended complaint (SAC) under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 49.) Having carefully considered the briefing, and with the benefit of oral argument on June 20, 2024, the Court GRANTS Defendants’ motion to dismiss as set forth below. SECOND AMENDED COMPLAINT ALLEGATIONS Plaintiff is the aunt of R.K and N.O., two minor tribal members of the Cher-Ae Heights Community of Trinidad Rancheria. (Dkt. No. 47 ¶¶ 8, 24, 65.) From August 2016 to August 2021, Plaintiff served as R.K.’s guardian. (Id. ¶ 8.) From October 2019 to June 2021, Plaintiff…

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