Kidwell-Bertagnolli

Kidwell-Bertagnolli v. County of Sonoma

Good Law
United States District Court, Northern District of CaliforniaAugust 20, 20203:20-cv-03291California6,556 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PATRICIA KIDWELL-BERTAGNOLLI, et Case No. 20-cv-03291-JSC al., 8 Plaintiffs, ORDER RE: MOTION TO DISMISS 9 v. Re: Dkt. No. 13 10 COUNTY OF SONOMA, et al., 11 Defendants.

12 Patricia Kidwell-Bertagnolli, Dwaye Bertagnolli, and Jane Besaw bring this wrongful death Section 1983 action against the County of Sonoma, the Sonoma County Sheriff’s Office, Sheriff Mark Essick, Sheriff’s Deputy Veronica Ordaz, and Does 1-20. The action follows the tragic death of Geoffrey Wise Bertagnolli while in Sonoma County Sheriff’s Office custody. Defendants’ motion to dismiss for failure to state a claim is now pending before the Court. (Dkt. No. 13.) After carefully considering the parties’ briefs and the relevant legal authority, the Court concludes that oral argument is unnecessary, see Civ. L.R. 7-1(b), and GRANTS IN PART and DENIES IN PART the motion to dismiss. While Plaintiffs have adequately alleged a Monell claim and Ms. Kidwell-Bertagnolli a claim for negligent infliction of…

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