CDCR
Estate of Michael Lee v. CDCR
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ESTATE OF MICHAEL LEE, et No. 2:20-cv-01161-JAM-CDK al., 12 Plaintiffs, ORDER GRANTING IN PART AND v. DENYING IN PART JANET GOREWITZ’S MOTION TO DISMISS
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND1 This case arises from the suicide of inmate Michael Lee. Michael had a history of mental health issues, including suicide attempts, due to a traumatic brain injury he suffered from a car accident in 2004. Compl. ¶¶ 71-77, ECF No. 1. On June 30, 2017,
1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was 25 scheduled for November 24, 2020. While Defendant in her opening brief in support of her motion states she is moving for 26 dismissal of claims one, three, seven, and eight, she does not anywhere address the legal basis for dismissal of the eighth claim.…