J.M.

J.M. v. Parlier Unified School District

Good Law
United States District Court, Eastern District of CaliforniaNovember 10, 20211:21-cv-00261California6,301 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 J.M., a minor, CASE NO. 1:21-CV-0261 AWI BAM

Plaintiff

ORDER ON DEFENDANTS’ MOTION

v. TO DISMISS

PARLIER UNIFIED SCHOOL DISTRICT, CITY OF PARLIER, (Doc. No. 19) OFFICER NEIL O’BRIEN, and GEORGE

ALVARADO,

15 Defendants 16 17 This civil rights action stems from an encounter between minor Plaintiff J.M. and Defendant Police Officer Neil O’Brien (“O’Brien”) at J.M.’s school, Parlier High School. J.M. alleges claims under 42 U.S.C. § 1983 for violations of the Fourth Amendment and Fourteenth Amendment and Monell liability, battery, intentional infliction of emotional distress, and negligence. Currently before the Court is Defendant George Alvarado (“Alvarado”)’s Rule 12(b)(6) motion to dismiss. For the reasons that follow, the motion to dismiss will be granted with leave to amend. 25 RULE 12(b)(6) FRAMEWORK Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the plaintiff’s…

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