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Aug. 22, 2025

OC judge tosses negligence claim, allows civil rights case to proceed

An Orange County Superior Court judge dismissed negligence claims against the County of Orange as barred by prisoner immunity, but gave a plaintiff alleging abuse at Juvenile Hall leave to amend her civil rights claims.

An Orange County Superior Court judge granted the County of Orange's motion for judgment on the pleadings, dismissing a plaintiff's negligence claim with prejudice and her civil rights claims with leave to amend.

Judge Gassia Apkarian wrote, "The United States Supreme Court has determined that the state statute of limitations to be applied to Section 1983 claims is the residual state of limitations for personal injury actions. In making this determination, the high co...

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