Gonzalez
Gonzalez v. Ahern
Opinion
Trial Court Opinion
DISCUSSION
24 Plaintiffs are current and former inmates at Santa Rita Jail (“the Jail”) who allege that they 25 are subject to unlawful, inhumane, and unconstitutional treatment at the Jail. (Fourth Amended 26 27 Complaint (“FAC”), Dkt. No. 102 at ¶ 6.) In particular, Plaintiffs identify the following conditions of confinement as giving rise to their claims: (1) inadequate and unsanitary food; (2) insufficient and inadequate sanitation; (3) inadequate medical care; (4) enforced idleness; and (5) First Amendment retaliation.2 (Id.) This is the third time Defendants have moved to dismiss and Defendants move to dismiss all of Plaintiffs’ claims including those which the Court previously found were sufficiently pled. (Dkt. No. 73.) In particular, in the Court’s Order on the last such motion, the Court found that Plaintiffs’ inadequate and contaminated food claims, inadequate sanitation claims, and First Amendment retaliation claim as to Plaintiff Gerrans, were adequately pled. (Id.) As relevant here, the Court granted the motion with leave to amend as to Plaintiffs’ inadequate medical care claims. (Id.) The Court addresses…