Jane Doe v. County of San Mateo

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TANNAZ JABBARI, Case No. 21-cv-01784-VC

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

COUNTY OF SAN MATEO, et al., Re: Dkt. No. 34 Defendants.

Jabbari’s second amended complaint pleads numerous claims arising out of her confinement in San Mateo County Jail in October 2020. The government defendants have moved to dismiss some, but not all, of those claims. This order assumes that the reader is familiar with the case. The defendants do not challenge Jabbari’s first section 1983 claim against Does 1–4 for excessive force. Jabbari’s second claim is for sexual assault. She identifies her cause of action as the California Penal Code, which does not provide a private right of action. But the question is whether she has stated a factual basis for a claim—not whether she has identified the correct cause of action. Her allegation that she was touched on the “buttocks and groin” during intake at the jail is inadequate to state a tort claim. Officers necessarily need to pat down arriving detainees, and she alleges nothing further. As alleged, therefore,…