Harris

Harris v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaNovember 30, 20203:18-cv-00924California4,132 words

Opinion

Trial Court Opinion

BACKGROUND

24 1. Facts 25

27 1 Citations refer to material in the Electronic Case File (“ECF”); pinpoint citations are to the ECF-generated page The Court assumes the parties’ familiarity with the facts and procedural history of the case and recounts only the facts relevant to this motion. Plaintiffs JQ.H and JZ.H are two minors born in or around October 2002. (ECF No. 62 (“TAC”), ¶¶ 3–4.) According to the TAC, on May 17, 2011, JQ.H told a school counselor, Defendant Kristen Dunphy, that his mother “hits him with a cell phone charging cord, and sometimes a belt with a buckle.” (Id. at ¶ 23.) He also showed Ms. Dunphy “bruising on his outer right hip area.” (Id.) The TAC also alleges that Ms. Dunphy “strip searched” JQ.H at some unspecified time and place without his mother’s consent. (Id. at ¶ 25.) Ms. Dunphy drafted an Incident Report that recounts her meeting with JQ.H. (Id. at ¶¶ 22–23.) Defendants Robbins and Curran, officers with the San Diego Police Department (a city rather than County entity (Id. at ¶ 7), arrived on the scene in response to Ms. Dunphy’s child abuse report. (Id. at ¶ 27.) The…

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