Skydecker

INTRODUCTION

17 A plaintiff has brought a Section 1983 against several defendants including a California 18 county. Three out of four defendants move to dismiss part of the complaint. For the following 19 reasons, the motion is DENIED.

STATEMENT

21 Plaintiff Jasper Skydecker has refractory epilepsy, a seizure disorder which causes both 22 petit mal and grand mal seizures. Defendant Wellpath is a corporation that is involved in 23 contracting medical and mental health services to the county of Alameda and its jail systems 24 (Compl. ¶ 13). Defendant California Forensic Medical Group (“CFMG”) provides medical 25 and mental health services to the county of Alameda and its jail systems. Defendant Gerri 26 McLean is a nurse employed by CFMG. 27 In May 2023, plaintiff was walking home when he had a seizure and became postictal (Compl. ¶ 19). Plaintiff was arrested when highway patrol officers allegedly mistook his postictal symptoms as signs of public intoxication. Plaintiff was taken to Santa Rita Jail where defendant McLean “cleared him,” documented that he suffered from grand mal seizures and took Klonopin and Gabapentin (¶ 20). Further,…