(PS) Bell v. Solano County Dept. of Health and Human Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE BELL, et al., No. 2:22-cv-01687-TLN-CKD (PS) Plaintiffs, ORDER v. SOLANO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, et 15 al., 16 Defendants.
18 Presently pending before this court is defendant Solano County’s1 motion to dismiss 19 under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 24.) The parties appeared for a 20 hearing on defendant’s motion on September 20, 2023, via Zoom. Plaintiff Clarence Bell 21 appeared without the assistance of counsel; attorney Ashley Riser appeared on behalf of 22 defendant Solano County.
1 Solano County and Solano County Department of Health and Human Services are both named as defendants in the complaint. (ECF No. 1, caption.) However, because the Department of 25 Health and Human Services is not a “person” acting under the color of state law within the meaning of § 1983, the court construes the claims against it as redundant claims against the 26 county. See Walker v. Child Protective Servs., No. 1:22-cv-00466-AWI-SKO, at *9 (E.D.…