(PC) Miller v. Amador County Jail

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BOBBY JOE MILLER, No. 2:21-CV-2132-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS AMADOR COUNTY JAIL, Defendant. 16 Plaintiff, a pre-trial detainee proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion to dismiss, ECF No. 14, Plaintiff’s opposition, ECF No. 18, and Defendant’s reply, ECF No. 20. In its motion, Defendant argues that Plaintiff fails to state a claim against it because Plaintiff does not allege any policy, custom, or practice of the municipality. For the reasons discussed below, the Court agrees. In considering a motion to dismiss, the Court must accept all allegations of material fact in the complaint as true. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007). The Court must also construe the alleged facts in the light most favorable to the plaintiff. See Scheuer v. Rhodes, 416 U.S. 232, 236 (1974); see…