2012-00129733-CU-PO

Frank Lee Dearwester vs. Sacramento County Sheriff’s Dept

Nature of Proceeding: Motion to Dismiss and Demurrer

Filed By: Calnero, Lauren E.

Defendants Sacramento County Sheriff’s Department and Sheriff Scott Jones’
unopposed motion to dismiss and demurrer to Plaintiff Frank Dearwester’s first
amended complaint (“FAC”) is sustained without leave to amend.

Plaintiff alleges 166 causes of action arising out of his confinement at the Sacramento
County Main Jail when he was allegedly attacked by another inmate in October 2011.

In their reply (notice of non-opposition), Defendants have withdrawn their motion to
dismiss pursuant to CCP § 581(f)(2).

The Court previously sustained the demurrer to the complaint on numerous grounds,
including that Plaintiff’s claims as alleged were barred by his failure to comply with the
Tort Claims Act, failed to identify a statutory basis for public entity liability, and that
Defendants were immune pursuant to Government Code §§ 820.8 and 845.6. The
FAC is essentially identical to the complaint though Plaintiff has taken the 14 causes of
action and separated them into 166 causes of action.