Brink
Brink v. County of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 23cv1756 DMS (SBC)
JEREMY BRINK,
Plaintiff, ORDER DENYING SECOND v. MOTION TO DISMISS COUNTY OF SAN DIEGO; DOE SHERIFF'S DEPUTIES 1-5, Individually; 13 DOE SHERIFF'S NURSES 6-10, Individually, Inclusive Defendants.
Pending before the Court is Defendant San Diego County’s (“Defendant” or “the County”) Motion to Dismiss Counts Three and Five, (ECF No. 18), from Plaintiff Jeremy Brink’s Second Amended Complaint, ((“SAC”), ECF No. 17), for failure to state a claim under Federal Rule of Civil Procedure Rule 12(b)(6). Plaintiff filed a response in opposition, (ECF No. 20), and Defendant filed a reply. (ECF No. 23.) For the reasons set forth below, the Court denies Defendant’s motion to dismiss. I. BACKGROUND The background of this case is set forth in detail in the…