Langurand

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JENNIFER GAINES, Case No. 2:21-cv-00808-KJM-JDP (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS v. THAT DEFENDANTS’ MOTION TO

DISMISS BE GRANTED IN PART

CARL LANGURAND, ECF No. 13 Defendant.

OBJECTIONS DUE WITHIN FOURTEEN

DAYS 17 Plaintiff brings this action against her husband’s parole officer, Carl Langurand, and Police Officer John Doe for having created a risk of harm and failing to protect her against domestic violence in violation of the Fourteenth Amendment Due Process Clause and state law. Officer Langurand moves to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), arguing that: (1) the Eleventh Amendment bars damages against him in his official capacity; (2) plaintiff has failed to state a claim because, contrary to plaintiff’s allegations, Officer Langurand did impose a parole hold, which was disregarded by the Napa County Jail; (3) plaintiff’s…