Bernal

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MAURICIO BERNAL, Case No.: 24-CV-1668 W (DEB)

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS PLAINTIFF’S

COUNTY OF SAN DIEGO; KELLY

FIRST AMENDED COMPLAINT

MARTINEZ; and DOES 1–100, [DOC. 13]. Defendants. 16 17 Defendants, the County of San Diego and Kelly Martinez, move to dismiss Plaintiff’s, Mauricio Bernal, First Amended Complaint (“FAC”). [Doc. 13]. Mr. Bernal opposes. [Doc. 14]. The Court decides the matter on the papers submitted and without oral argument pursuant to Civil Local Rule 7.1(d)(1). For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART the motion to dismiss [Doc. 13]. 23 I. BACKGROUND This lawsuit arises out of events that allegedly took place at the San Diego Central Jail. (FAC at 3, ¶ 6.) Plaintiff, Mauricio Bernal, an inmate at the jail, alleges that on July 25, 2023, he and other inmates…