Enriquez

Enriquez v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaMarch 26, 20243:23-cv-00903California2,924 words

Opinion

Trial Court Opinion

I. INTRODUCTION

19 Plaintiff Robert A. Enriquez brings this action against Defendants the County of 20 San Diego (the “County”), Doe Deputy #1, Doe Deputy #2, Doe Deputy #3, and Doe 21 Deputy #4. Before the Court is the County’s Motion to Dismiss the Complaint. The 22 Motion was submitted on the papers without oral argument pursuant to Civil Local Rule 23 7.1(d)(1) and Rule 78(b) of the Federal Rules of Civil Procedure. The motion is denied 24 as to the four Deputy Doe Defendants and granted as to the two Monell claims against the 25 County, without prejudice.

II. BACKGROUND

27 According to the Complaint, this case arises from events which took place on May 28 22, 2022. Plaintiff had been convicted and sentenced to prison in the California Superior Court for the County of San Diego. While awaiting transport to a state prison, Plaintiff was an inmate at a jail operated by the County of San Diego and its Sheriff. Plaintiff wore glasses and had recently undergone surgery on one eye. Plaintiff alleges that he was engaged in a permissible telephone call when an unnamed Deputy Sheriff (Doe Deputy #1) commanded the telephone call come to an end. …

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