Ortiz

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Jessica Ortiz, et al., No. 2:21-cv-02248-KJM-AC 12 Plaintiffs, ORDER 13 Vv. County of Trinity, et al. 1S Defendants. 16 17 The court has reviewed the parties’ briefing regarding defendants’ second motion to 18 | dismiss plaintiffs’ Monell and supervisory liability claims against the County of Trinity and 19 | Sheriff Saxon under § 1983. See Mot., ECF No. 34; Opp’n, ECF No. 35; Reply, ECF No. 37. 20 | For the reasons below, the court directs the parties to file supplemental briefing on the 21 | constitutional violation issue, 1.e., whether plaintiffs sufficiently allege Fourteenth Amendment 22 | state-created danger claims under § 1983. 23 As the previous presiding judge set out in the order granting defendants’ first motion to 24 | dismiss, a municipality is liable under § 1983 when a constitutional violation can be attributed to 25 | its “policy or custom.” Prev. Order at 5, ECF 24 (citing Monell v. New York City Dept.…