Doe

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JANE DOE, Case No. 21-cv-00039-BAS-AGS

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART UNITED

STATES’ MOTION TO DISMISS

JAMES HEBBARD, et al.,

WITHOUT PREJUDICE

Defendants. (ECF No. 14)

17 18 I. BACKGROUND According to Plaintiff’s complaint, on January 20, 2018, while she was in custody at the MCC, Correctional Officer James Hebbard sexually assaulted her. (First Am. Compl. (“FAC”) ¶¶ 16–18, ECF No. 9.) Plaintiff alleges Hebbard also “engaged in improper and assaultive sexual conduct with other female pretrial detainees and inmates (i.e. post conviction detainees) at the MCC.” (Id. ¶18.) Plaintiff initially filed a Complaint against Hebbard (ECF No. 1), but then amended the Complaint to add the United States as a party, alleging violations of the Federal Tort Claims Act (“FTCA”). (FAC, ECF No. 9.) The United States moves to dismiss under Rule 12(b)(6),…