Brewer Ex Rel. Brewer v. City of El Cerrito

AMENDED OPINION REGARDING MOTIONS FOR DISMISSAL AND SUMMARY JUDGMENT

Plaintiff, a juvenile male, alleges that he was sexually molested by a police officer in the officer’s home. Plaintiffs mother brings this suit on behalf of her son against various city and county employees and against the city and the county in which the incident occurred. Plaintiff alleges violations of his civil rights, claiming that defendants, acting under color of state law, deprived him of his Eighth and Fourteenth Amendment rights. Plaintiff also alleges various state tort claims.

I.

Defendants have moved either to dismiss the action under Fed.R.Civ.P. 12(b)(6) or for summary judgment under Rule 56. The motions were briefed, argued, and submitted. The court has reviewed the record, the arguments of counsel, and the applicable authorities.

For the reasons stated below, the court concludes that: (1) plaintiff’s complaint fails to state a 'cause of action for a civil rights violation under the Eighth Amendment; (2) plaintiff’s evidence fails to create a genuine issue of material fact as to his Fourteenth Amendment claim; (3) since the deprivation of a constitutional or federally recognized right is a…