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17-1286 - Wolniak v. County of Sacramento et al


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17-1286 - Wolniak v. County of Sacramento et al
August 14, 2017
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/11/17 ORDERING that the Second Cause of Action alleging violation of Due Process for excessive force under 42 U.S.C. Section 1983, shall be DISMISSED without prejudice; Fourth Claim alleging municipal liability for failure to train/inadequate training under 42 U.S.C. Section 1983, shall be DISMISSED without prejudice; Fifth Claim alleging municipal liability for unconstitutional custom, practice, or policy under 42 U.S.C. Section 1983, shall be DISMISSED without prejudice; The Seventh Claim alleges negligence against the individual defendants, public employees (Govt Code §820(a)), and vicarious liability for damages resulting from said alleged negligence against the County (Govt Code §815.2); Eighth Claim alleges intentional infliction of emotional distress against the individual defendants, public employees (Govt Code §820(a)), and vicarious liability, for damages resulting therefrom against the County (Govt Code §815.2); and Ninth Claim alleges negligent infliction of emotional distress against the individual defendants, public employees (Govt Code §820(a)), and vicarious liability for damages resulting therefrom against the County (Govt Code §815.2); and Defendants may file a motion to dismiss with respect to any remaining causes of action, no later than 8/14/17.(Becknal, R)
December 22, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 12/21/2017 GRANTING 12 Motion to Dismiss plaintiff's third claim for relief, but with leave to amend in the event plaintiff is able to amend while complying fully with FRCP 11. (Donati, J)
January 31, 2018
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PROTECTIVE ORDER signed by District Judge Kimberly J. Mueller on 1/31/2018 ORDERING the parties' Stipulated Protective Order is APPROVED with the clarification that paragraph 9 shall not apply to the court or its staff. (Reader, L)