Gonzalez
Gonzalez v. Cnty. of Merced
Opinion
Lead Opinion
Lawrenceneill, J.
Plaintiff Ashley Gonzalez ("Plaintiff") filed the complaint in this action on November 4, 2016. (ECF No. 1.) Therein, Plaintiff asserted a claim against Defendant Gregory Rich ("Defendant Rich") and Does 1-5 for alleged violations of her civil rights under 42 U.S.C. § 1983 and a claim against Defendant County of Merced ("Defendant County") and Does 6-10 for violations of her civil rights under 42 U.S.C. § 1983 and Monell v. Dep't of Soc. Servs. of City of N.Y. , 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). At the time of the alleged incidents, Plaintiff was a pre-trial detainee in the custody of Defendant County.
On November 29, 2016, Defendant County filed a motion to dismiss the complaint, and on December 20, 2016, Defendant Rich filed a motion to stay this action pending the resolution of the state court criminal prosecution against him. (ECF Nos. 7, 11.) On March 21, 2017, the Court adopted the Magistrate Judge's recommendation that the Court dismiss Plaintiff's Monell claim with leave to amend against Defendant County and stay the action as to Defendant Rich at that time, but not as to Defendant County unless and until an answer is filed by Defendant County. (ECF…