Claraty

Claraty v. Hall-Mills

Good Law
United States District Court, Northern District of CaliforniaJanuary 2, 20203:18-cv-06861California3,041 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NOE-MARIE FILICE CLARATY, Case No. 18-cv-06861-JCS

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS SECOND AMENDED

COMPLAINT

LINDA HALL-MILLS, et al., Re: Dkt. No. 31 Defendants.

I. INTRODUCTION Plaintiff Noe-Marie Claraty, pro se, brings this action under 42 U.S.C. § 1983 and the Federal Tort Claims Act (“FTCA”) based on her temporary loss of custody of two minor children. Claraty names as Defendants Contra Costa County (the “County”) and Linda Hall-Mills, a social worker employed by the County. The Court previously granted Defendants’ motion to dismiss Claraty’s first amended complaint based on the statute of limitations, and Claraty filed a second amended complaint asserting equitable tolling. Defendants move once again to dismiss. The Court held a hearing on May 31, 2019. For the reasons discussed below, Defendants’ motion is GRANTED, and Claraty’s complaint is DISMISSED with prejudice. The Clerk shall enter judgment in favor of…

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