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Dietrich v. County of Orange

County, Guard Dismissed From Jail Inmate's Rights Action Arising From Attack in Kitchen

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OPINION & ORDER   Before the Court is the motion to dismiss of Defendants County of Orange, Sheriff Carl E. DuBois, and Correction Officer Michael Roman (collectively, the “County Defendants”). (Doc. 18.) For the following reasons, the motion is GRANTED. I. BACKGROUND I accept as true the facts, but not the conclusions, set forth in Plaintiff’s Amended Complaint. (Doc. 17 (“AC”).) Plaintiff Klaus Dietrich was formerly incarcerated at the Orange County Correctional Facility. (AC 5.) On August 13, 2018, Plaintiff and Defendant Tevin Johnson, a fellow inmate, were working in the prison kitchen when Johnson attacked Plaintiff, severely injuring Plaintiff’s face. (Id. 20.) At the time of the incident, no one was staffing the guard booth that monitored the kitchen, and the County and Roman “did nothing to prevent the assault.” (Id.

20, 22.) Plaintiff alleges that the County and Roman were aware that placing Johnson unsupervised in the kitchen would pose a substantial risk of harm to Plaintiff because “Johnson was known as a violent offender and had instigated fights with other inmates” and “a number of assaults” had previously occurred in the kitchen, where inmates have “more freedom to move and interact with each other than they otherwise would.” (Id.

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