Dunham

Dunham v. Najem

Good Law
United States District Court, Northern District of CaliforniaSeptember 11, 20193:18-cv-04467California4,124 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN F. DUNHAM, Case No.18-cv-04467-EDL

Plaintiff,

ORDER RE DEFENDANT

v. CALIFORNIA FORENSIC MEDICAL

GROUP, INC.’S MOTION TO DISMISS

COUNTY OF MONTEREY, et al., FIRST AMENDED COMPLAINT Defendants. Re: Dkt. No.

12 In this civil rights action, Defendant California Forensic Medical Group, Inc. (“CFMG”) moves to dismiss the First Amended Complaint (“FAC”) against it for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Having heard oral argument on August 13, 2019, and having considered the papers filed in support of and in opposition to the motion, the Court hereby GRANTS the Motion to Dismiss. I. FACTUAL BACKGROUND Plaintiff claims that at the time of his arrest on August 20, 2016, he was suffering from alcohol withdrawal or at high risk for withdrawal. FAC ¶¶ 10-11. He had been fighting alcohol addiction and habitually consumed approximately 2 liters of liquor per…

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