Prescott v. County of Stanislaus

Full title: RACHEL PRESCOTT, et al., Plaintiffs, v. COUNTY OF STANISLAUS, et al.…

Court: United States District Court, E.D. California

Date published: Oct 28, 2010

Case No.: 1:10-CV-00592-OWW-GSA (E.D. Cal. Oct. 28, 2010)

Opinion

Case No.: 1:10-CV-00592-OWW-GSA.

October 28, 2010

LAW OFFICES OF JOHN L. BURRIS, JOHN L. BURRIS, ESQ., STEVEN R. YOURKE, ESQ., Oakland, Ca., Attorneys for Plaintiffs.

ORDER

OLIVER WANGER, District Judge

Defendants COUNTY OF STANISLAUS and SHERIFF ADAM CHRISTIANSON have moved to dismiss portions of the complaint pursuant to Federal Rule of Civil Procedure Rule 12(b) on grounds that Sheriff Christiansen is immune from federal civil rights liability on the basis of Venegas v. County of Los Angeles, 32 Cal.4^th 820 (2004). Defendants have also moved to dismiss Plaintiff Marilyn Prescott's first, second and third causes of action and to dismiss Plaintiffs Rachel and Marilyn Prescott's state law wrongful death claim. The motion came on for hearing regularly as scheduled. Having reviewed the moving papers and those submitted in opposition and having heard oral argument by counsel for all parties, the ORDER of this Court is as follows:

1. Defendants' motion to dismiss Plaintiff Marilyn Prescott's first, second and third causes of actions is GRANTED.

2. Defendants' motion to dismiss Plaintiffs Rachel and Marilyn Prescott's state law wrongful death claim is GRANTED.

3. Defendants' motion to dismiss Plaintiffs' federal civil rights claims on the basis of the Eleventh Amendment immunity is DENIED.

IT IS SO ORDERED.

Dated: 10-28, 2010.