Bernal

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MAURICIO BERNAL, Case No.: 24-CV-1668 W (DEB)

12 Plaintiff,

ORDER GRANTING IN PART AND

13 v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS PLAINTIFF’S

14 COUNTY OF SAN DIEGO; KELLY

FIRST AMENDED COMPLAINT

MARTINEZ; and DOES 1–100, 15 [DOC. 13]. Defendants. 16 17 18 Defendants, the County of San Diego and Kelly Martinez, move to dismiss 19 Plaintiff’s, Mauricio Bernal, First Amended Complaint (“FAC”). [Doc. 13]. Mr. Bernal 20 opposes. [Doc. 14]. The Court decides the matter on the papers submitted and without 21 oral argument pursuant to Civil Local Rule 7.1(d)(1). For the reasons discussed below, 22 the Court GRANTS IN PART and DENIES IN PART the motion to dismiss [Doc. 13]. 23 24 I. BACKGROUND 25 This lawsuit arises out of events that allegedly took place at the San Diego Central 26 Jail. (FAC at 3, ¶ 6.) Plaintiff, Mauricio Bernal, an inmate at the jail, alleges that on July 27 25, 2023, he and other inmates…