Schwartz v. Booker

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS

WILLIAM J. MARTÍNEZ, District Judge.

In this civil rights case, Plaintiffs Melissa Schwartz, as personal representative and administrator of the estate of Chandler Grafner, Christina Grafner, and Joshua Norris bring claims under 42 U.S.C. § 1983 (“Section 1983”) against Margaret Booker "and Mary Peagler in their individual capacities arising out of the death of Chandler Grafner while in foster care.1

Before the Court is Defendants’ Motion to Dismiss (“Motion”). (ECF No. 88.) For the reasons set forth below, the Motion is denied.

I. LEGAL STANDARD

When…