Hill
(PC) Caruso v. Hill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 GINA CARUSO, CASE NO. 1:20-CV-0084 AWI EPG (PC)
Plaintiff
ORDER ON DEFENDANTS’ SECOND
v. MOTION TO DISMISS
MOLLY HILL et al., (Doc. No. 29) Defendants
14 15 This is a prisoner civil rights action brought by Plaintiff Gina Caruso (“Caruso”) against current and former personnel of the California Institution for Women (“CIW”) prison. Caruso is represented by counsel and alleges two causes of action under 42 U.S.C. § 1983, one for violation of the First Amendment and one for violation of the Fourteenth Amendment. The active complaint is the First Amended Complaint (“FAC”), which was filed after the Court granted Defendants’ first motion to dismiss. Currently before the Court is Defendants’ second Rule 12(b)(6) motion to dismiss. For the reasons that follow, the motion will be granted. 23 RULE 12(b)((6) FRAMEWORK Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the…