Solares
Solares v. Burns
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DORA SOLARES, ) Case No.: 1:21-cv-01349 JLT BAM ) Plaintiff, ) ORDER GRANTING DEFENDANT BURNES’ ) MOTION TO DISMISS v. ) ) (Doc. 11) JOSEPH BURNS, et al., ) Defendants. ) ) 16 Dora Solares alleges that after her son, Luis Romero, was brutally murdered by a cellmate at Corcoran State Prison, California Department of Corrections and Rehabilitation Sergeant Joseph Burnes1 and Does 1-15 took and shared photographs of Mr. Romero’s mutilated remains, which were later published on the Internet and witnessed by Plaintiff. (See generally Doc. 1.) She seeks to hold Defendants liable for, inter alia, violating her substantive due process rights under the Fourteenth Amendment of the U.S. Constitution. (Id.) Burnes seeks dismissal of the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Doc. 11.) Plaintiff opposes dismissal, asserting it states a valid and plausible claim. (Doc. 13.) The Court…