Smith v. County of Sacramento

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CLIFFORD SMITH et al., No. 2:19-cv-01426-TLN-CKD Plaintiffs, v. ORDER COUNTY OF SACRAMENTO et al., Defendants. 16 This matter is before the Court on Defendant Angela Vickers, M.D.’s (“Defendant”) Motion for Summary Judgment. (ECF No. 43.) Plaintiffs Clifford Smith (“Smith”) and Kristina Fleshman (“Fleshman”) (collectively, “Plaintiffs”) filed an opposition. (ECF No. 52.) Defendant filed a reply. (ECF No. 53.) For the reasons set forth below, Defendant’s motion is DENIED. /// /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND1 On June 25, 2017, Plaintiffs brought their two-month-old son, J.S., to a Sutter Health hospital for treatment of “a number of medical issues including . . . vomiting and gasping for air after feeding.” (ECF No. 1, Ex. B ¶ 33; ECF No. 43-3, Ex. A.) A physician evaluated J.S., prescribed medication for acid reflux, and discharged him into the care of…