Mancilla

Mancilla v. County of Kern

Good Law
United States District Court, Eastern District of CaliforniaOctober 23, 20191:19-cv-01309California1,240 words

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…

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