Fosbinder

Fosbinder v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaOctober 30, 20243:24-cv-00733California9,134 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RODGER FOSBINDER, Case No.: 24-cv-733-RSH-SBC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT

COUNTY OF SAN DIEGO’S

COUNTY OF SAN DIEGO, et al.,

MOTION TO DISMISS

Defendants. [ECF No. 6] 16 17 18 Before the Court is a motion to dismiss filed by defendant County of San Diego (“County”). ECF No. 6. Pursuant to Local Civil Rule 7.1(d)(1) the Court finds the motion presented appropriate for resolution without oral argument. For the reasons below, the Court grants in part and denies in part the County’s motion. I. BACKGROUND A. Factual Background The instant case arises from the death of Joshua Lee Fosbinder while in custody as a pretrial detainee in San Diego Central Jail. The Complaint alleges the following. On June 11, 2022, Mr. Fosbinder was arrested and held in San Diego Central Jail. ECF No. 1 ¶ 1, 13–14. Upon intake, he was placed in a sobering cell…

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