(PC) Spears v. El Dorado County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN SPEARS, No. 2:15-cv-0165 MCE AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS BRUCE BENTON, et al., Defendants. 16 Defendant El Dorado County has moved to dismiss Claims Four and Eleven of the second amended complaint, along with plaintiff’s related claim for injunctive relief. ECF No. 54. The motion has been fully briefed. ECF Nos. 67 (plaintiff’s opposition), 68 (County’s reply). For the reasons stated below, the undersigned will recommend that the motion be granted in part and denied in part. I. RELEVANT PROCEDURAL HISTORY The original complaint in this case was dismissed because it combined the distinct claims of three plaintiffs; plaintiff Spears was provided the opportunity to file an amended complaint limited to his own claims. See ECF No. 12. Spears’ first amended complaint was screened and found to contain three cognizable claims, five inadequately pled claims as to which plaintiff was…