Jeanne Rodriguez v. County of San Bernardino

Good Law
United States District Court, Central District of CaliforniaAugust 17, 20235:21-cv-01471California5,032 words

Opinion

Trial Court Opinion

O

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

10 Case No.: 5:21-cv-01471-MEMF (SHKx) JEANNE RODRIGUEZ, KAYLA FERRER,

and THE ESTATE OF JIMMY RAY ROBERT FERRER, by and through its successor in ORDER GRANTING MOTION TO DISMISS

COUNTY FROM THIRD CAUSE OF

interest, JEANNE RODRIGUEZ, ACTION IN FIFTH AMENDED Plaintiffs, COMPLAINT [ECF NO. 64] 14 v.

16 COUNTY OF SAN BERNARDINO, a public entity, DEPUTY SHERIFF JOHN

GREGORYAND DEPUTY SHERIFF

18 JOSHUA LAUBE, individuals, and DOES 1 through 50, inclusive,

Defendants.

22 Before the Court is the Motion to Dismiss the Third Cause of Action in the Fifth Amendment 23 Complaint, filed by Defendant County of San Bernardino. ECF No. 64. For the reasons stated herein, 24 the Court GRANTS the Motion.

26 / / / 27 / / / 28 I. Factual Background1

On August 17, 2020, Jimmy Ray Robert Ferrer (“Jimmy Ferrer”), was confronted by San

Bernardino County Deputy Sheriffs (“Deputies”). 5AC ¶ 7. During this…

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