Mancilla
Mancilla v. County of Kern
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 MARGARITA MANCILLA, et al., CASE NO. 1:19-CV-1309 AWI JLT
Plaintiffs
ORDER ON DEFENDANTS’ MOTION
v. TO DISMISS
COUNTY OF KERN, et al., (Doc. No. 5) Defendants
11 12 This is a civil rights dispute that arises from the removal of Plaintiff Margarita Mancilla’s children from her home by agents of the Kern County Department of Human Services. Plaintiffs brings three causes of action under 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments, as well as Monell liability. Defendants removed this case from the Kern County Superior Court on September 19, 2019. Currently before the Court is Defendant’s Rule 12(b)(6) motion to dismiss. Pursuant to the Local Rules, Plaintiffs have filed a notice of non-opposition. For the reasons that follow, Defendants’ motion will be granted. 20 LEGAL FRAMEWORK Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the plaintiff’s “failure to…