Estate of Kenneth Dale Sumner v. California Department of Corrections and Rehabilitation, Et

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS FEB 6 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ESTATE OF KENNETH DALE No. 23-3090 SUMNER; KERRI SUMNER, guardian ad D.C. No. litem individually and as successors-in- 2:22-cv-01638-JAM-DB interest to Kenneth Dale Sumner; D. S. A., a minor, by and through her gaurdian ad litem, Kerri Sumner, MEMORANDUM*

Plaintiffs - Appellants,

v.

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION; DAVID

AGUILAR; HUNTER

DUNCAN; LEONARDO

HERNANDEZ; ANTHONY

LUNA; ISAAC SALCEDO; ANTHONY

VELASQUEZ,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted October 24, 2024 San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Before: S.R. THOMAS, WARDLAW, and COLLINS, Circuit Judges.

The Estate, mother, and minor daughter of Kenneth Dale Sumner

(collectively,…