Fitzgerald

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RHONDA R. FITZGERALD, an Case No.: 20cv848 JM(NLS) individual, and on behalf of all persons 12 similarly situated, ORDER ON MOTION TO DISMISS 13 Plaintiff, 14 v. 15 MARCUS POLLARD, an individual; Lieutenant C. MOORE, an individual; Sergeant H. CRUZ, an individual; Officer 17 JACKSON, an individual; Officer LITTLE, an individual; and DOES 1 through 10, inclusive, 19 Defendants. 20 Presently before the court, is a motion to dismiss pursuant to Federal Rules of Civil 12(b)(6) filed by Defendants M. Pollard, A. Jackson, C. Mann-Little, H. Cruz, and C. Moore, (collectively “Defendants”). (Doc. No. 8.) The motion has been fully briefed and the court finds it suitable for submission on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). For the reasons set forth below, the motion is denied.

28 I. Background On May 5, 2020, Plaintiff filed this lawsuit pursuant to 42 U.S.C. § 1983 alleging that Defendants violated her civil rights…