Hernandez

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 MANUELA HERNANDEZ, et al., 8 Case No. 19-cv-07888-EJD Plaintiffs, 9 ORDER GRANTING MOTION TO v. DISMISS 10 COUNTY OF SANTA CLARA, et al., Re: Dkt. No. 21 11 Defendants. 12

13 On December 8, 2018, Carlos Aguilar committed suicide while an inmate at the Santa 14 Clara County Jail. His mother, Plaintiff Manuela Hernandez, has filed suit against the County of 15 Santa Clara and several County employees, alleging that they failed to properly classify Aguilar as 16 a suicide risk and to properly monitor or treat him for that risk. Defendants’ motion to dismiss 17 Plaintiff’s claims pursuant to Federal Rule of Civil Procedure 12(b)(6) is presently before the 18 Court. The Court finds this matter suitable for decision on the papers and, for the ensuing reasons, 19 GRANTS Defendants’ motion WITH LEAVE TO AMEND IN PART and WITHOUT LEAVE 20 TO AMEND IN PART. 21 I. BACKGROUND 22 The following facts…