Palmer v. Alameda County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARTY PALMER, Case No. 19-cv-03673-TSH
Plaintiff, ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO
v. DISMISS SECOND AMENDED
COMPLAINT
ALAMEDA COUNTY, et al., Re: Dkt. No. 24 Defendants.
12 I. INTRODUCTION In this civil rights case brought under 42 U.S.C. § 1983, Plaintiff Marty Palmer alleges the County of Alameda and its employees were deliberately indifferent to his medical condition while incarcerated at Santa Rita Jail. The Court previously dismissed Palmer’s first amended complaint with leave to amend, and the County and Sheriff Gregory Ahern (the “Moving Defendants”), now move for dismissal of his second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 24. Palmer filed an Opposition (ECF No. 26) and Moving Defendants filed a Reply (ECF No. 28). The Court finds this matter suitable for disposition without oral argument and VACATES the…