Villa

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 MIGUEL VILLA, Case No.: 20-CV-537-CAB-NLS

Plaintiff,

ORDER DENYING DEFENDANT

v. COUNTY OF SAN DIEGO’S

MOTION TO DISMISS

COUNTY OF SAN DIEGO and RUDY

PLAINTIFF’S FIRST AMENDED

PERAZA,

COMPLAINT Defendants. 17 [Doc. No. 15]

21 Before the Court is Defendant County of San Diego’s motion to dismiss Plaintiff’s first amended complaint. [Doc. No. 15.] The Court finds it suitable for determination on the papers submitted and without oral argument. See S.D. Cal. CivLR 7.1(d)(1). For the reasons set forth below, Defendant County of San Diego’s motion to dismiss is denied. I. BACKGROUND Plaintiff Miguel Villa alleges that on March 14, 2019, he was brought into San Diego Central Jail for booking where Defendant Deputy Rudy Peraza (“Deputy Peraza”) was working. [Doc. No. 13 at ¶¶ 9–13. ] While Plaintiff was in restraints Deputy Peraza allegedly punched…