Lucas

Lucas v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaFebruary 16, 20213:20-cv-01735California4,916 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 Plaintiff Miguel Lucas filed this motion against Defendants County of San Diego, 24 Mark Gustafson, and DOES to 101 on September 3, 2020. [Doc. No. 1.] After 25 26 1 Pursuant to the FAC, DOES 1 to 10 refers to “the other individual Sheriff’s Deputies who are responsible for Plaintiff’s injuries.” [Doc. No. 6 ¶ 17.] Plaintiff also refers to such Defendants as “DOE 28 Defendants filed a motion to dismiss Plaintiff’s original complaint on December 1, 2020, Plaintiff filed the First Amended Complaint (“FAC”) on December 22, 2020, thereby mooting Defendants’ motion. [Doc. Nos. 5, 6.] The FAC asserts claims for: (1) Violation of the Fourteenth Amendment by Objective Indifference, brought against Defendants Gustafson and DOES 1-10 under 42 U.S.C. § 1983; (2) Violation of the Fourteenth Amendment by Inadequate Mental Health Program, brought against the County of San Diego under 42 U.S.C. § 1983; (3) Negligence, brought against all Defendants; and (4) Intentional Infliction of Emotional Distress, brought against all Defendants. [Doc. No. 6 ¶¶ 20–84.] Plaintiff alleges in the FAC that on June 4, 2019,…

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