Ortiz

Ortiz v. County of Trinity

Good Law
United States District Court, Eastern District of CaliforniaJanuary 11, 20232:21-cv-02248California3,109 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Jessica Ortiz, et al., No. 2:21-cv-02248-KJM-AC Plaintiffs, ORDER v. County of Trinity, et al., 1S Defendants. 16 For the second time, defendants move to dismiss plaintiffs’ Monell and supervisory 18 liability claims against the County of Trinity and Sheriff Tim Saxon, as well as punitive damages 19 allegations against Saxon. For the reasons below, the court grants defendants’ motion to dismiss without leave to amend. I. BACKGROUND The previous presiding judge summarized plaintiffs’ factual allegations in his prior order. See Prev. Order at 1-4, ECF No. 24. In brief, Deputy Ben Spencer from Trinity County Sheriff’s Department agreed to perform a civil standby for Ricardo Ortiz in order to help Ortiz retrieve his 25 personal items from Joseph Nieves’s residence. /d. at 3. Sgt. Cavalli advised Spencer it was a 26 crime for a landlord (Nieves) to lock a resident (Ortiz) from…

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