Suzuki

Suzuki v. County of Contra Costa

Good Law
United States District Court, Northern District of CaliforniaSeptember 25, 20193:18-cv-06963California1,645 words

Opinion

Trial Court Opinion

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 amended complaint, see Dkt. No. 31, defendants filed a motion for judgment on the pleadings. Dkt. No. 38 (Mot. J. Pleadings). In the motion, defendants argued that Porter is entitled to qualified immunity because it is not clearly established that she violated plaintiff’s Fourteenth Amendment rights by fabricating evidence that another used in private litigation. Id. at…

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