Leon
Leon v. County of San Diego
Opinion
Opinion
Keep, J.
ORDER DENYING DEFENDANTS’ MOTION TO DISMISS
On July 27, 2000, Defendants County of San Diego and Sheriff William B. Kolen-der filed a motion to dismiss Plaintiffs’ action pursuant to Federal Rule of .Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiffs oppose. All parties are represented by counsel.
I. Background
On or about July 28, 1999, Juan Leon allegedly died of complications from peritonitis while in the custody of Defendants. Compl. ¶ 12. Plaintiff Guadalupe Leon is the father and heir of decedent Juan Leon. Id. ¶4. Guadalupe Leon also represents the Estate of Juan Leon. Id. Although nowhere alleged in the complaint, the parties appear to understand Monique Leon to be the alleged daughter of Juan Leon.Monique Leon is represented by her guardian ad litem, Maria Gonzalez. Id. ¶ 12.'
On June 27, 2000, Plaintiffs filed a 'complaint that alleges four causes of action: (1) violation of 42 U.S.C. § 1983 : violation of the Eighth and Fourteenth Amendments by acting with deliberate indifference to decedent’s medical problems; (2) violation of 42 U.S.C. § 1983 : failure to train and supervise and violation of statutory duties causing…