Summary
The United States District Court for the Eastern District of California ordered Fresno County to file a response to Thomas H. Goss's civil rights complaint within 21 days. The action proceeds under 42 U.S.C. § 1983 based on an alleged Fourteenth Amendment violation after the court denied the County's motion to dismiss.
Holdings
- Because the County of Fresno's motion to dismiss was denied, the action proceeds on the complaint against the County for the alleged Fourteenth Amendment violation, and the County must file a response within twenty-one days from service of the order.
- Individuals detained pursuant to California Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act.
Questions Presented
- Whether the County of Fresno was required to file a response to the complaint after its motion to dismiss was denied.
- Whether individuals detained under California Welfare and Institutions Code § 6600 et seq. are prisoners within the meaning of the Prison Litigation Reform Act.
Disposition
other
Cases Cited (1)
- Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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