Ruiz

Ruiz v. Ahern

Good Law
United States District Court, Northern District of CaliforniaJuly 15, 20204:20-cv-01089California7,473 words

Opinion

Trial Court Opinion

I. BACKGROUND

19 A. Allegations 20 Ruiz makes the following allegations in the amended complaint, all of which are taken as 21 true for purposes of this motion. On October 3, 2017, Ruiz was incarcerated at the Santa Rita 22 Jail, which is owned and operated by Alameda County. [Docket No. 18 (“FAC”) ¶ 9.] While 23 Ruiz was in his cell area, Solopow ordered him to stop making noise. Id. ¶ 10. Solopow then

25 1 Ruiz filed an amended complaint after Defendants moved to dismiss his original complaint. See Docket No. 14.

27 2 When reviewing a motion to dismiss for failure to state a claim, the court must “accept as true all of the factual allegations contained in the complaint.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) pulled Ruiz from the cell, handcuffed him behind his back, and escorted him down a flight of stairs. Id. ¶ 11. At the bottom of the stairs, Solopow attempted to bend Ruiz’s head forward and Ruiz “informed the Defendant not to bend his head forward while being escorted handcuffed.”3 Id. ¶¶ 12-13. Ruiz alleges that Solopow “grew impatient” and grabbed Ruiz by the shoulder and took him to the ground “with extreme force.” Id.…

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