Raiser

Raiser v. San Diego County

Good Law
United States District Court, Southern District of CaliforniaOctober 25, 20193:19-cv-00751California5,112 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 AARON RAISER, Case No.: 19-cv-0751-GPC-KSC

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS.

SAN DIEGO COUNTY, ET AL., ECF No. 12, 23. Defendant. 16 Pending before the Court is Defendant County of San Diego’s (“Defendant”) motion to dismiss Plaintiff Aaron Raiser’s (“Plaintiff”) first three causes of action (the “§ 1983 claims”) in his first amended complaint (“FAC”). This case presents three issues: (1) whether the Court lacks jurisdiction to hear the § 1983 claims; (2) whether Plaintiff’s § 1983 claims fail on a theory of respondeat superior; and (3) whether Plaintiff adequately alleges claims under Monell v. Department of Social Services, 436 U.S. 658 (1978). The Court GRANTS Defendant’s motion to dismiss the § 1983 claims, FINDS the jurisdictional issue moot, and GRANTS Plaintiff leave to amend the complaint. I. Procedural Background Plaintiff filed his initial…

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