Dunham

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN F. DUNHAM, Case No.18-cv-04467-EDL

8 Plaintiff,

ORDER RE DEFENDANT

9 v. CALIFORNIA FORENSIC MEDICAL

GROUP, INC.’S MOTION TO DISMISS

10 COUNTY OF MONTEREY, et al., FIRST AMENDED COMPLAINT 11 Defendants. Re: Dkt. No. 51

12 13 In this civil rights action, Defendant California Forensic Medical Group, Inc. (“CFMG”) 14 moves to dismiss the First Amended Complaint (“FAC”) against it for failure to state a claim 15 pursuant to Federal Rule of Civil Procedure 12(b)(6). Having heard oral argument on August 13, 16 2019, and having considered the papers filed in support of and in opposition to the motion, the 17 Court hereby GRANTS the Motion to Dismiss. 18 I. FACTUAL BACKGROUND 19 Plaintiff claims that at the time of his arrest on August 20, 2016, he was suffering from 20 alcohol withdrawal or at high risk for withdrawal. FAC ¶¶ 10-11. He had been fighting alcohol 21 addiction and habitually consumed approximately 2 liters of liquor per…