Blanco

Blanco v. County of Kings

Good Law
142 F. Supp. 3d 986·2015 WL 6689529·2015 U.S. Dist. LEXIS 147753
United States District Court, Eastern District of CaliforniaOctober 30, 2015Case No. 1:14-CV-2046-LJO-EPGCalifornia10,436 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS.,

Plaintiff Jessica Blanco filed this action against Defendants City of Lemoore (“the *990 City”), Lemoore Police Department Officer Kevin Cosper (“Cosper”) in his official and private capacity, the County of Kings (“the County”), Kings County Sheriffs Deputy Maribel Mixon (“Mixon”) in her official and private capacity, and Does 1-10. Plaintiffs suit stems from her December 19, 2013 arrest and booking in the County jail facility, and alleges violations of her First, Fourth, Fifth and Fourteenth Amendment rights under 42 U.S.C. § 1983 , as well as various claims under state law. Now before the Court are the respective Motions to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by Mixon and the County (Doc. 18), and Cosper and the City (Doc. 19). This matter is suitable for disposition without oral argument. See Local Rule 230(g). For the reasons set forth below, the Court grants in part and denies in part Defendants’ Motions.

BACKGROUND

l. FACTUAL ALLEGATIONS

Plaintiff is a female resident of Kings County. (First Amended Complaint (“FAC”) ¶ 6, Doc. 16). On…

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