Peterson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VICTORIA R. PETERSON, Case No. 3:19-cv-01447-WHO

Plaintiff,

ORDER ON THE GOVERNMENT’S

v. MOTIONS TO SUBSTITUTE AND

DISMISS AND JENKINS’S MOTION

WILLIAM MARTINEZ, et al., TO DISMISS Defendants. Re: Dkt. Nos. 60, 61,

12 Plaintiff Victoria Peterson brings claims arising out of the repeated sexual abuse she allegedly experienced at the hands of defendant William Martinez over the course of more than a year while she was housed at the Federal Correctional Institute, Dublin (“FCI Dublin”). Before me are three motions. First, the United States moves to substitute as the defendant to the Federal Tort Claims Act (“FTCA”) claims against Martinez and to dismiss those claims. Martinez was not acting within the scope of his employment when he raped Peterson; the government’s motion is denied. Second, the government moves to dismiss the claims pleaded directly against it. All of the claims are plausibly alleged; the…