Moulton

Moulton v. Gjerde

Good Law
United States District Court, Northern District of CaliforniaSeptember 16, 20203:20-cv-02374California1,584 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 BRANDY MOULTON, Case No. 20-cv-02374-MMC

Plaintiff, ORDER GRANTING COUNTY'S

MOTION TO DISMISS; DISMISSING IN

v. PART FIRST THROUGH FIFTH

CAUSES OF ACTION; AFFORDING

DAN GJERDE, in his individual capacity PLAINTIFF FURTHER LEAVE TO and in his official capacity, AMEND 11 Defendants.

13 In the above-titled action, plaintiff Brandy Moulton ("Moulton") has sued two 14 defendants: (1) Dan Gjerde, an elected Supervisor of the County of Mendocino, in his 15 individual capacity ("Gjerde"); and (2) Dan Gjerde in his official capacity, which is a claim 16 against the County of Mendocino ("the County"), see Kentucky v. Graham, 473 U.S. 159, 17 166 (1985) (holding official capacity suit is "not a suit against the official personally, for 18 the real party in interest is the entity"). 19 Now before the Court is the County's Motion, filed July 22, 2020, "to Dismiss Plaintiff's First Amended Complaint." Moulton has filed opposition, to which the County…

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