H.M.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

H.M., ) Case No.: 1:20-cv-1339 JLT BAK (BAM) ) Plaintiff, ) ORDER GRANTING DEFENDANT’S MOTION ) TO DISMISS v. ) ) (Doc. 31) COUNTY OF KERN, et al., ) ) Defendants. ) )

H.M. asserts that Deputy Michael Clark and the County of Kern violated her rights arising under federal and state law through harassment, degrading treatment, and sexual battery. Plaintiff seeks to hold the defendants liable for violations of civil rights under federal and state law, as well as several torts under California law. (See generally Doc. 2.) The County contends Plaintiff fails to state a claim against the entity for a violation of California’s Unruh Civil Rights Act and seeks dismissal with prejudice of the fourth claim in the First Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 31.) Plaintiff opposes dismissal, arguing the facts alleged are sufficient to support the claim. (Doc. 36.) 25…