Hector Hernandez v. County of Alameda

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 17 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HECTOR A. HERNANDEZ and MARIA No. 23-15246 IBARRA as co-successors-in-interest for D.C. No. Decedent, HECTOR HERNANDEZ, 4:20-CV-02884-HSG

Plaintiffs - Appellants,

MEMORANDUM*

v.

COUNTY OF ALAMEDA, et al.,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Argued and Submitted September 13, 2024 San Francisco, California

Before: BYBEE, BEA, and MENDOZA, Circuit Judges. Partial Dissent by Judge BYBEE. Partial Dissent by Judge MENDOZA.

Plaintiffs appeal the district court’s order granting summary judgment to

Defendants on Plaintiffs’ federal claims and denying them leave to file a second

amended complaint. The parties are familiar with the facts, so we do not recount

them here.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. We have jurisdiction pursuant to 28…