Legal Opinion
Hernandez v. County of Monterey
District Court, N.D. California
Decided September 29, 2014No. Case No. 5:13-cv-02354-PSGPublishedCited by 12 opinions
1Opinion of the Court
ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS
(Re: Docket Nos. 44, 58, 75)
PAUL S. GREWAL, United States Magistrate Judge
The present motions in this civil rights suit raise two related issues: exactly who may challenge the conditions of a county jail and who exactly may be challenged? While standing and mootness disputes in cases such as this are hardly new, the question of whether a private provider of jail medical facilities are services can face scrutiny under Title III of the Americans with Disabilities Act does appear to be novel.1
The first motion before the court is a motion to dismiss…
2Cases cited50 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
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3Cited by12 opinions
- Abdus-Sabur v. Corrections Corporation of AmericaDistrict Court, District of Columbia · 2016
- Dunn v. DunnDistrict Court, M.D. Alabama · 2015
- S.L. by and through D.L. v. City Hospital, Inc.United States District Court · 2019
- Anthony Oliver v. Georgia Department of Corrections; Tyrone Oliver; Randy Sauls; Sharon Lewis; Benjamin Ford; Centurion of Georgia, LLC; MHM Correctional Services LLCDistrict Court, M.D. Georgia · 2026
- B. v. City of OaklandDistrict Court, N.D. California · 2022
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