Diaz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 C.JAY SMITH, Case No. 20-cv-04335-HSG Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

v. MOTION TO DISMISS RALPH DIAZ, et al., Re: Dkt. No. 25 Defendants. 12 Before the Court is the motion to dismiss filed by Defendants Ralph Diaz, Ron Davis, R. Feston, B. Haub, and M. Bloise. Dkt. No. 25. For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART the motion. I. BACKGROUND For purposes of deciding the motion, the Court accepts the following as true: Plaintiff C. Jay Smith is an incarcerated transgender woman currently serving a 25 years- to-life sentence with the possibility of parole. While incarcerated at San Quentin State Prison from 2013 to 2019, Plaintiff was sexually assaulted by another incarcerated person. These attacks were the result of San Quentin’s and the California Department of Corrections and Rehabilitation’s (“CDCR”) failure…