Essex
Essex v. County of Imperial, a Governmental Entity
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ELICIA ESSEX et al., CASE NO. 3:24-cv-00763-L-VET Plaintiffs, ORDER DENYING MOTIONS TO
DISMISS
COUNTY OF IMPERIAL et al.,
Defendants. [ECF NOS. 17, 26] 15 16 Pending before the Court are two motions. Defendants Naphcare, Inc. and Rosemary Doherty filed a motion to dismiss for failure to state a claim and strike the prayer for punitive damages. (ECF No. 17.) Defendant County of Imperial filed a motion to dismiss for failure to state a claim. (ECF No. 26.) Plaintiffs opposed both motions and Defendants replied. The Court finds the motions suitable for decision without oral argument. See Civ. Loc. R. 7.1(d). For the reasons stated below, Defendants’ motions are denied. Plaintiffs have agreed to dismiss the sixth and eighth causes of action against Naphcare and Rosemary Doherty. I. BACKGROUND Plaintiffs alleged that Delbert Essex was arrested by California Highway Patrol Officer Defendant J. Roman for driving under…