Suzuki

BACKGROUND

20 On November 16, 2018, plaintiff Eisho Suzuki filed a complaint against defendants, the 21 County of Contra Costa (“County”), Suzanne Porter (“Porter”), and Does 1–10, alleging defendants 22 violated his civil rights under 42 U.S.C. § 1983. Dkt. No. 1. Plaintiff alleges Porter violated his 23 civil rights by knowingly fabricating evidence of child abuse, which plaintiff’s wife later used in a 24 child custody dispute, resulting in plaintiff losing custody of his children. Dkt. No. 16 (FAC ¶ 20). 25 Plaintiff also alleges the County violated his civil rights by hiring Porter as a social worker when 26 the County knew or should have known Porter was unfit to be a social worker. FAC ¶ 32. 27 After this Court granted in part and denied in part defendants’ motion to dismiss the first 1 amended complaint, see Dkt. No. 31, defendants filed a motion for judgment on the pleadings. Dkt. 2 No. 38 (Mot. J. Pleadings). In the motion, defendants argued that Porter is entitled to qualified 3 immunity because it is not clearly established that she violated plaintiff’s Fourteenth Amendment 4 rights by fabricating evidence that another used in private litigation. Id. at…