(PC) Ellis v. Kern County Sheriff Department

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHARLES ELLIS, SR., No. 1:22cv-1209 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

v. DEFENDANT’S MOTION TO DISMISS KERN COUNTY SHERIFF (Docs. 21, 35) DEPARTMENT, et al., 15 Defendants. 16 Plaintiff seeks to hold Sgt. Escandon and the County of Kern liable for the use of excessive force in violation of his rights arising under the Fourteenth Amendment. (Doc. 9) The County moved to dismiss Plaintiff’s claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, asserting Plaintiff failed to allege facts sufficient to impose municipal liability upon the County. (Doc. 21.) The assigned magistrate judge found Plaintiff stated a cognizable claim against the County, because “when viewed in the light most favorable to Plaintiff, …[he] sufficiently stated that the County’s policy of allowing custody staff to disapprove of medical professional’s recommendations was the moving force…