M.H.
M.H. v. County of Alameda
Opinion
Lead Opinion
Tigar, J.
ORDER REGARDING MOTION TO DISMISS
Before the Court is the Motion to Dismiss Plaintiffs’ Second Amended Complaint filed by Defendants Corizon Health, Sancho, and Orr. ECF No. 46.
I. FACTS
The Court accepts the following allegations as true for the purpose of resolving this motion. Cahill v. Liberty Mutual Ins. Co., 80 F.3d 336, 337-38 (9th Cir.1996).
This case arises from the death of Plaintiffs’ decedent, Martin Harrison, while he was in the custody of the Alameda County Sheriffs’ Department. On August 13, 2010, Mr. Harrison was arrested on a warrant for failure to appear and taken to Santa Rita Jail, in Alameda County. ECF No. 46 ¶ 25. While he was being admitted, Mr. Harrison told the jail nursing staff, including Defendant Zelda Sancho, L.V.N., that he drank alcohol every day, that his last drink had been that day, and that he had a history of alcohol withdrawal. ¶ 27. Nurse Sancho wrote in her assessment note that Mr. Harrison had a history of alcohol withdrawal and further noted the acronym “CIWA,” which stands for Clinical Institute Withdrawal Assessment, a standard protocol for identifying people at risk for severe alcohol'withdrawal. CIWA includes a treatment protocol…