Lozano

Lozano v. County of Santa Clara

Good Law
United States District Court, Northern District of CaliforniaDecember 16, 20193:19-cv-02634California12,555 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LUCINDA LOZANO, et al., Case No. 19-cv-02634-EMC

Plaintiffs,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS

COUNTY OF SANTA CLARA, et al., Docket Nos. 25, 26 Defendants.

12 13 I. INTRODUCTION Plaintiffs Lucinda Lozano and Johnny Lozano, Sr., individually and as heir to Johnny Lozano, Jr. (“Mr. Lozano”), deceased, and the Estate of Johnny Lozano, Jr. (collectively “Plaintiffs”), filed this lawsuit under 42 U.S.C. §§ 1983 and 1988, and for violations of California state law. They allege that Johnny Lozano, Jr. was denied constitutionally adequate medical care by correctional medical staff and Valley Medical Center employees, who were deliberately indifferent to his serious medical needs. They further allege that this indifference resulted in Mr. Lozano’s “tortuous and untimely death” after five years as a pretrial detainee in the Santa Clara County Jail. They seek damages for pre-death pain and…

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