Moulton

Moulton v. Gjerde

Good Law
United States District Court, Northern District of CaliforniaDecember 11, 20203:20-cv-02374California860 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; SETTING

DAN GJERDE, DEADLINE FOR COUNTY TO

RESPOND TO SIXTH CAUSE OF

Defendant. ACTION; VACATING HEARING

In the above-titled action, plaintiff Brandy Moulton ("Moulton") has sued two defendants: (1) Dan Gjerde, an elected Supervisor of the County of Mendocino, in his individual capacity ("Gjerde"); and (2) Dan Gjerde in his official capacity, which is a claim against the County of Mendocino ("the County"), see Kentucky v. Graham, 473 U.S. 159, 166 (1985) (holding official capacity suit is "not a suit against the official personally, for the real party in interest is the entity"). Now before the Court is a Motion, filed October 30, 2020, "to Dismiss Plaintiff's First Amended Complaint," whereby the…

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