Castaneda
Castaneda v. United States
Opinion
Opinion
Pregerson, J.
AMENDED ORDER DENYING MOTION TO DISMISS
This matter comes before the Court upon the individual Public Health Service Defendants’ motion to dismiss for lack of subject matter jurisdiction. After reviewing the materials submitted by the parties and reviewing the arguments therein, the Court DENIES the motion.
I. LEGAL STANDARD
When reviewing a motion to dismiss, the Court “assum[es] all facts and inferences in favor of the nonmoving party.” Libas Ltd. v. Carillo, 329 F.3d 1128, 1130 (9th Cir.2003). In addition, where, as here, the motion to dismiss is based upon an alleged lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1), “the trial court may rely on affidavits and other evidence submitted in connection with the motion.” Berardinelli v. Castle & Cooke Inc., 587 F.2d 37, 39 (9th Cir.1978).
II. BACKGROUND
On March 27, 2006, Plaintiff Francisco Castaneda — an immigration detainee — informed the Immigration and Customs Enforcement (“ICE”) medical staff at the San Diego Correctional Facility that a lesion on his penis was becoming painful, growing in size, and exuding discharge. The next day, Castaneda was examined by Anthony Walker, an ICE…