Lopez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROSA LOPEZ, Case No. 23-cv-04292-DMR Plaintiff,

AMENDED ORDER DENYING

v. UNITED STATES’ MOTION TO

DISMISS FIRST AMENDED

UNITED STATES OF AMERICA, et al., COMPLAINT Defendants. Re: Dkt. No. 53 The United States moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff Rosa Lopez’s first amended complaint (“FAC”). [Docket No. 53.] This matter is suitable for determination without oral argument. Civil L.R. 7-1(b). For the following reasons, the motion is denied. I. BACKGROUND A. Allegations in the FAC Plaintiff Lopez is the legal guardian of V.S., a minor and successor in interest to the estate of Victor Sanchez Brito. Lopez filed this lawsuit against Defendants United States and GEO Group, Inc. (“GEO”), asserting claims under the Federal Tort Claims Act (“FTCA”), the Rehabilitation Act, and state law arising out of Sanchez Brito’s 2015 arrest and detention. …