Tapiacarmona

Tapiacarmona v. San Mateo County Sheriff's Officers

Good Law
United States District Court, Northern District of CaliforniaSeptember 12, 20195:18-cv-05232California6,089 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

OSCAR TAPIA CARMONA, Case No. 18-CV-05232-LHK

Plaintiff,

ORDER GRANTING IN PART WITH

PREJUDICE AND DENYING IN PART

v.

MOTION TO DISMISS

COUNTY OF SAN MATEO; CARLOS G. Re: Dkt. No. 29 BOLANOS; and DOES 1-100, 16 Defendants.

The Second Amended Complaint of Plaintiff Oscar Tapia Carmona, an inmate at the Maguire Correctional Facility in San Mateo County, California, sues Defendants Sheriff Carlos Bolanos (“Sheriff Bolanos”); San Mateo County (“the County”); and Doe Deputies 1-100 (“Doe Defendants”) (collectively, “Defendants”). Before the Court is Defendants’ motion to dismiss Plaintiff’s Monell claim brought under 42 U.S.C. § 1983 against Defendants, as well as Plaintiff’s remaining five causes of action but only as to Sheriff Bolanos. Having considered the parties’ submissions, the relevant law, and the record in this case, the Court GRANTS Defendants’ motion to dismiss with prejudice as to Plaintiff’s Monell claim against Defendants, but…

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