Mar 30, 2020

Another lawsuit involving Rory Kalin, this time as a defendant


This was while he was actively working as a Humboldt Deputy Public Defender. A link to salaries from 2011-2018 for Transparent California show Carrie Ann Capolupo employed by the County as a Mental Health Worker.

Besides being another lawsuit in which Kalin is a party, if you read the links below, it shows that anybody can file a lawsuit, anyone can make allegations and these kinds of cases are filed often in Humboldt. How much of it is fact and with merit comes out as legal proceedings make their way through the system.

In 2019, the defendant's motion to dismiss the first amended complaint was granted without prejudice.

"Currently pending before the court is Defendants' Motion to Dismiss the First Amended Complaint. Defs.' Mot. (dkt. 21). Defendants argue that Plaintiff's operative complaint is due to be dismissed because Plaintiff fails to state cognizable claims, or in the alternative on the basis of qualified immunity. Id. at 8-21. All parties have consented to proceed before a magistrate judge (dkts. 5, 14, 44). For the reasons stated below, the court will grant Defendants' Motion to dismiss the First Amended Complaint, but the dismissal shall be without prejudice, and Plaintiff shall have leave to amend."

Some of the background:

"On December 10, 2018, Plaintiff, Carrie Capolupo, proceeding pro se, filed an original Complaint against two social workers, a Deputy County Counsel for Humboldt County, and Humboldt County itself, alleging violations of her rights to privacy and to the free exercise of her religion under the First and Fourth Amendments. Compl. (dkt. 1) at 1-12. Defendants moved to dismiss (dkts. 8, 13), and in lieu of a response, Plaintiff filed her First Amended Complaint ("FAC") (dkt. 19). Defendants once again moved to dismiss (dkt. 21), Plaintiff responded (dkt. 40), Defendants have replied (dkt. 41), and the Parties appeared for oral argument on March 26,  2019 (dkt. 43). Thereafter, on April 18, 2019, Defendants submitted a supplemental post-hearing brief regarding an issue of service that arose during oral argument, namely the effecting of proper service, as well as joinder and consent to proceed before a magistrate judge, for Defendant Enriquez-Paredes (dkt. 46). Additionally, the court will note that while her First Amended Complaint (dkt. 19 at 1) is captioned as being brought by "Carrie Capolupo and Family," Plaintiff Capolupo clarified at oral argument (dkts. 42, 43) that she was the only plaintiff bringing this action."

Read the rest at:
https://casetext.com/case/capolupo-v-eills


Defendant's second amended complaint was granted in part and denied in part.

https://www.leagle.com/decision/infdco20191206b24

Another link:
https://www.govinfo.gov/app/details/USCOURTS-cand-1_18-cv-07458

You also have the option to create a PACER account and look up the documents originally filed by Capulopo at the link below.

https://www.google.com/amp/s/dockets.justia.com/docket/california/candce/1:2018cv07458/335891%3famp



Related posts:
https://johnchiv.blogspot.com/2020/03/jeffrey-blanck-and-rory-kalin-have.html?m=1

https://johnchiv.blogspot.com/2020/03/first-they-watch-then-they-hate-then.html?m=1

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