Frias

Frias v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaNovember 29, 20233:22-cv-00675California3,270 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSEPH FRIAS, Individually, Case No.: 3:22-CV-00675-JO-AHG

Plaintiff,

v. ORDER DENYING DEFENDANTS

MARTINEZ’S AND GARCIA’S

COUNTY OF SAN DIEGO, et al,

MOTION TO DISMISS

Defendants. PLAINTIFF’S THIRD AMENDED

COMPLAINT

16 17 18 19 Plaintiff Joseph Frias alleges that the County of San Diego (“County”) and certain County employees deprived him of medical care and used excessive force against him while he was in their custody at the George Bailey Detention Facility. Dkt. 42 (“TAC”). In his third amended complaint, Plaintiff added a supervisory liability claim pursuant to 42 U.S.C. § 1983 (“§ 1983”) against two new defendants, Lieutenant Roberto Martinez and Sergeant Edmundo Garcia (“Defendants Martinez and Garcia”). Id. On September 8, 2023, Defendants Martinez and Garcia moved to dismiss Plaintiff’s claim, arguing that the relevant statute of limitations had passed. Dkt. 55-1 (“Defs.’ Mot. Dismiss”). For…

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