Clinton v. Allen

No. 3:23-cv-01471-CAB-SBC (S.D. Cal. May 20, 2025) · United States District Court for the Southern District of California · May 20, 2025 · No. 3:23-cv-01471-CAB-SBC

Summary

The United States District Court for the Southern District of California granted Defendants’ motion to dismiss Plaintiff’s Second Amended Complaint in part with prejudice. The court dismissed previously rejected claims, Doe defendants, and other claims for failure to state a claim or because further amendment would be futile. The court allowed an Eighth Amendment failure-to-protect claim against Colon and Bingham and conspiracy allegations against Colon, Allen, and Bingham to proceed.

Holdings

  1. A complaint must contain sufficient factual matter to state a claim for relief that is plausible on its face, and vague and conclusory allegations of government involvement in civil-rights violations are insufficient. Applying that standard, the court granted Defendants' motion to dismiss in part.
  2. The claims based on Fourteenth Amendment failure to protect, the Americans with Disabilities Act, Fourteenth Amendment equal protection, First Amendment retaliation, Eighth Amendment inadequate medical care, and criminal and administrative law were dismissed with prejudice because further amendment would be futile.
  3. The remaining Doe defendants were dismissed because Plaintiff did not include them in the Second Amended Complaint and did not specifically identify individual conduct connecting them to an alleged constitutional violation.

Questions Presented

  1. Whether the Second Amended Complaint plausibly stated claims under Federal Rule of Civil Procedure 12(b)(6).
  2. Whether Plaintiff's previously dismissed claims should again be dismissed with prejudice because further amendment would be futile.
  3. Whether the remaining Doe defendants should be dismissed because Plaintiff did not include them in the Second Amended Complaint or specifically identify their individual conduct.

Disposition

other

Cases Cited (6)

  • Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
  • Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
  • Ivey v. Bd. of Regents of Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982)(followed)
  • Fifty Associates v. Prudential Ins. Co., 446 F.2d 1187, 1191 (9th Cir. 1970)(followed)
  • Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989)(followed)
  • Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…