Quinn v. Fresno County Sheriff et al

Filing 29

ORDER on Defendants' Motion to Dismiss Plaintiff's Corrected Second Amended Complaint, Signed by Judge Oliver W. Wanger on 3/3/2011. Plaintiff shall file an amended complaint within fourteen (14) days of service of this order. Defendants shall file a response within ten (10) days of service of the amended complaint. (Arellano, S.)

Quinn v. Fresno County Sheriff et al

Doc. 29

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James J. Arendt, Esq. Roy C. Santos, Esq.

Bar No. 142937 Bar No. 259718

WEAKLEY & ARENDT, LLP 1630 East Shaw Avenue, Suite 176 Fresno, California 93710 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendants, COUNTY OF FRESNO, DAVID ALANIS, and LINDA PENNER 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3. On February 7, 2011, the matter of Defendants' motions to dismiss Plaintiff's corrected second amended complaint came before the Court for hearing. Attorney Roy C. Santos appeared on behalf of the moving parties. Attorney David M. Hollingsworth appeared on behalf of the plaintiff. After considering the pleadings and documents filed with the Court, and receiving oral argument from counsel, the Court hereby rules as follows: 1. Plaintiff's section 1983 claims arising out of Plaintiff's arrest are DISMISSED, without prejudice; All state law claims based on Plaintiff's arrest are DISMISSED, without prejudice; Plaintiff's Eighth and Ninth causes of action asserting claims under section 1983 against JAMES LORAN QUINN, ) ) Plaintiff, ) ) vs. ) ) FRESNO COUNTY SHERIFF, FRESNO ) COUNTY PROBATION DEPARTMENT, ) OFFICER DAVID ALANIS, OFFICER ) LEONARD RICHERT, FRESNO COUNTY ) DISTRICT ATTORNEY, FRESNO ) COUNTY JAIL, ET AL. and DOES 1 to 100 ) INCLUSIVE, ) ) Defendants. ) ____________________________________ ) CASE NO.: 1:10-CV-01617-OWW-SMS ORDER ON DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S CORRECTED SECOND AMENDED COMPLAINT Date: February 7, 2011 Time: 10:00 a.m. Ctrm: 3 The Honorable Oliver W. Wanger IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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Order On Defendants' Motion to Dismiss Plaintiff's CSAC

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Defendant Linda Penner are DISMISSED without prejudice; Plaintiff's First and Tenth causes of action asserting claims under California state law against Defendant Linda Penner are DISMISSED without prejudice; Plaintiff's Second cause of action asserting a claim of respondeat superior liability under California state law against Defendant County of Fresno, arising out of the alleged actions and/or inactions of Defendant Linda Penner, is DISMISSED without prejudice; Defendants' motion to dismiss Plaintiff's section 1983 claim for deliberate indifference to his medical needs is DENIED; Defendants' motion to dismiss Plaintiff's claim under California Government Code section 845.6 is DENIED; Plaintiff's medical malpractice claim is DISMISSED, without prejudice; Plaintiff shall file an amended complaint within fourteen (14) days of service of the Memorandum Decision; and Defendants shall file a response within ten (10) days of service of the amended complaint.

IT IS SO ORDERED.

DATED: March 3 , 2011

/s/ OLIVER W. WANGER United States District Court Judge

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Order On Defendants' Motion to Dismiss Plaintiff's CSAC

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