Estate of Kenneth Dale Sumner v. State of CA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 ESTATE OF KENNETH DALE SUMNER; No. 2:22-cv-01638-JAM-SCR KERRI SUMNER, individually and as successor-in-interest to KENNETH DALE SUMNER; and D.S.A., a minor, by and through her guardian ad ORDER GRANTING DEFENDANTS’ litem, KERRI SUMNER, MOTION TO DISMISS 12 Plaintiffs, 13 v.

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND REHABILITATION;

DAVID AGUILAR; HUNTER DUNCAN;

LEONARDO HERNANDEZ; ANTHONY LUNA;

ISAAC SALCEDO; ANTHONY VELASQUEZ;

OKALANI LATU, an individual; and

DOES 9-20,

18 Defendants. 19 The estate of Kenneth Sumner (“Sumner”), Kerri Sumner, and Sumner’s minor child (collectively, “Plaintiffs”) brought this action against the California Department of Corrections and Rehabilitation (“CDCR”), various CDCR officers, and Okalani Latu (Sumner’s cellmate), alleging civil rights violations regarding Sumner’s incarceration at CDCR’s Substance Abuse Treatment Facility (“SATF”) in Corcoran, California. See Third Am. Compl. (“TAC”), ECF No. 59. CDCR officers David Aguilar,…