CONTRERAS, EX REL. CONTRERAS v. County of Glenn

ORDER GRANTING DEFENDANTS TIMOTHY ASBURY, PHILLIP REVOLINSKY, RICHARD WARREN, HAROLD WHITE, DEE DEE NELSON AND EMMANUEL CHAVEZS MOTION TO DISMISS AND MOTION TO STRIKE

This matter comes before the Court on Defendants’ Timothy Asbury, Philip Revolinsky, Richard Warren, Harold White, Dee Dee Nelson and Emmanuel Chavez’ (“Defendants”) Motion to Dismiss and Motion to Strike (Doc. 11) portions of Plaintiffs’ Estate of Jessie P. Contreras, Leonor Contreras and Jessie Contreras’ (“Plaintiffs”) First Amended Complaint (“FAC”). (Doc. 6). Defendants ask the court to dismiss Leonor Contreras’ individual survivor claims in the first, second, and fourth through eighth claims for relief, pursuant to Federal Rule of Civil Procedure 12(b)(6). Defendants also seek to dismiss the suits against them in their “official capacity.” Lastly, Defendants move to strike all allegations of decedent’s predeath pain, suffering or disfigurement, pursuant to Federal Rule of Civil Procedure 12(f).

FACTUAL AND PROCEDURAL BACKGROUND

Decedent Jessie P. Contreras (“Decedent”) was an inmate in Glenn County Jail (“the jail”) at the time of his death on August 6, 2008. Decedent was admitted to the jail for misdemeanor…