Summary
The United States District Court for the Northern District of California issued an order of service in Alfonso Mouzon’s § 1983 action against Alameda County. The court held that the amended complaint stated cognizable Fourteenth Amendment due process and Monell policy-based claims concerning conditions of confinement for civil detainees housed at the Alameda County Jail, and directed service and established case-management procedures.
Holdings
- Liberally construed, the allegations were sufficient to state a cognizable claim under 42 U.S.C. § 1983 that the conditions imposed on Mouzon as a civil detainee denied him protections guaranteed by the Due Process Clause.
- The amended complaint stated a cognizable policy-based municipal-liability claim against Alameda County under Monell.
Questions Presented
- Whether the amended complaint plausibly alleged that conditions imposed on Mouzon as a civil detainee were punitive or otherwise violated the Due Process Clause.
- Whether the amended complaint plausibly alleged municipal liability against Alameda County under Monell based on an unconstitutional policy, custom, or practice.
- Whether the court should order service of the amended complaint after finding the claims cognizable under 28 U.S.C. § 1915A.
Disposition
other
Cases Cited (14)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(applied)
- Erickson v. Pardus, 551 U.S. 89, 93 (2007)(applied)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007)(applied)
- Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009)(applied)
- West v. Atkins, 487 U.S. 42, 48 (1988)(applied)
- Jones v. Blanas, 393 F.3d 918, 934-35 (9th Cir. 2004)(applied)
- Monell v. Department of Social Services, 436 U.S. 658, 690-91 (1978)(applied)
- Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989)(applied)
- Plumeau v. School District #40 County of Yamhill, 130 F.3d 432, 438 (9th Cir. 1997)(applied)
- AE v. County of Tulare, 666 F.3d 631, 636-37 (9th Cir. 2012)(applied)
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Cited In (0)
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Court Document
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