Roe

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT AND GRANTING LEAVE TO AMEND

On March 30, 2000, plaintiff Mary Roe filed her first amended complaint (“complaint”) against the County of Lake, former sheriffs deputy John Caudillo, and Sheriff Rodney Mitchell seeking monetary damages and injunctive relief. The gravamen of her complaint is that defendants violated her civil rights under 42 U.S.C. § 1983 and various state laws when, after coming to her home to investigate a report of domestic violence, Caudillo raped her. Plaintiff further alleges that defendants County of Lake and Sheriff Mitchell have a de facto policy or custom of encouraging their law enforcement officers to violate the civil rights of women. Specifically, she .complains that the County and Sheriff Mitchell permitted this and other similar conduct by sheriffs deputies; failed to properly recruit, train, or discipline Cau-dillo or the other officers involved; and refused to prosecute her husband as part of a cover up. Defendants Lake County and Sheriff Mitchell (but not Caudillo) now move to dismiss the complaint against them pursuant to Federal Rule of…