Williams v. Fryermuth

OPINION & ORDER Ezzial Williams (“Plaintiff”) brings this action pro se and in forma pauperis against David Freyermuth, sued herein as David Fryermuth,¹ and Orange County Jail, asserting three claims for relief under 42 U.S.C. §1983 predicated upon violations of her² Eighth and Fourteenth Amendment rights and for municipal liability under Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978). Plaintiff commenced this action on March 14, 2023. (Doc. 1). Defendant Freyermuth filed an answer to the complaint on September 29, 2023. (Doc. 22). After an Initial Pretrial Conference held in December 2023, the Court granted Plaintiff’s request to file an amended complaint. Defendants received the Amended Complaint on February 26. 2024. (Doc. 36 11). In her Amended Complaint (Doc. 29, “Am. Compl.”), Plaintiff added “Orange County Jail” as a defendant (together with David Freyermuth, “Defendants”). Defendants filed a motion to dismiss the Amended Complaint under Federal Rule of Civil Procedure 12(b)(6) on April 1, 2024. (Doc. 35; Doc. 37).³ Plaintiff filed an opposition on June 28, 2024 (Doc. 47, “Pl. Br.”), and Defendants filed their reply papers on July 14, 2024. (Doc. 48; Doc. 49). On July 31, 2024, Plaintiff filed a declaration in response to Defendants’ reply declaration. (Doc. 52, “Pl. Decl.”).⁴ For the reasons set forth below, the partial motion to dismiss is GRANTED.⁵ BACKGROUND Plaintiff alleges that while incarcerated in the Orange County Correctional Facility (“OCCF”), a corrections officer — specifically, Defendant Freyermuth — sexually assaulted her. (Am. Compl.

2-4). She alleges that on July 12, 2022, Defendant Freyermuth called her into a prison cell to clean it. (Id. 3). Once there, Plaintiff alleges that Defendant Freyermuth “forced her” to “masturbate,” and “perform oral sex” on, him. (Id.). The incident lasted, as alleged, for ten to fifteen minutes. (Id. 4). Plaintiff allegedly suffered “mental anguish” because of the sexual assault. (Id. 5). Plaintiff alleges that she suffers daily “flashbacks” of the assault and is “always fearful of being raped or sexually abused by officers.” (Id.