Mills

INTRODUCTION

16 Plaintiff, an inmate in county jail, filed this civil rights case under 42 U.S.C. § 1983 against 17 the County of Santa Clara,1 the City of Palo Alto, and several Palo Alto Police Officers. Now 18 before the Court are three motions to dismiss the First Amended Complaint (“FAC”) for failure to 19 state a cognizable claim for relief under Rule 12(b)(6) of the Federal Rules of Civil Procedure2 and 20 Plaintiff’s motion for leave to file a proposed Second Amended Complaint (“SAC”). The parties 21 have opposed each other’s motions and filed reply briefs. For the reasons explained below, 22 Plaintiff’s motion for leave to file the SAC is GRANTED, and the motions to dismiss are 23 DENIED. Based upon a review of the SAC under 28 U.S.C. § 1915A(a), the Court concludes it

25 1 Plaintiff named the County of Santa Clara Office of the Sheriff and County of Santa Clara District Attorney as Defendants, but as they are part of the County of Santa Clara and not separate 26 municipal entities, they are referred to herein as Santa Clara County. 2 Santa Clara County filed one motion, one was filed by Defendants City of Palo Alto (“Palo 27 Alto”), and Palo Alto Police Officers…