Koistra
Koistra v. Cnty. of San Diego
Opinion
Lead Opinion
Honcuriel, J.
Before the Court is Defendants' motion for summary judgment. (Dkt. No. 52.) Plaintiff filed a reply and Defendants replied. (Dkt. No. 58, 60.) Based on a careful review of the briefs, the supporting documentation and the applicable law, the Court GRANTS in part and DENIES in part Defendants' motion for summary judgment.
Background
The original complaint was filed on October 12, 2016. (Dkt. No. 1.) After the Court granted Plaintiffs' ex parte application to amend the complaint, (Dkt. No. 25), on August 16, 2017, Plaintiffs Trina Koistra ("Koistra") and Larry Ford ("Ford") filed an amended complaint ("FAC") against the County of San Diego ("County") and Sheriff's Deputy Plutarco Vail ("Deputy Vail") (collectively "Defendants"). (Dkt. No. 26.) On October 19, 2017, in ruling on Defendants' motion to dismiss the FAC, the Court granted in part and denied in part the motion with leave to amend. (Dkt. Nos. 34, 42.) Plaintiffs Koistra and Ford filed a second amended complaint ("SAC") on October 26, 2017. 1 (Dkt. No. 43, SAC.) Defendants *1071 move for summary judgment solely on Koistra's causes of action and include the following:
1. First Cause of Action- 42 U.S.C. § 1983 claim for…