Bailey

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DAVID MICHAEL BAILEY, No. 2:24-cv-03231-JAM-AC 10 Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS

IN PART

12 COUNTY OF STANISLAUS, et al., 13 Defendants. 14 15 Defendants the County of Stanislaus (“County”), Deputy Rose, 16 Deputy Larson, and Deputy Garcia have moved to dismiss several of 17 Plaintiff David Michael Bailey’s (“Plaintiff”) federal and state 18 law claims stemming from the fatal police shooting of his nephew 19 in 2024. For the reasons set forth below, Defendants’ motion 20 will be granted in part and denied in part. 21 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND 22 This case arises out of the fatal police shooting of 23 Plaintiff’s nephew, Kevin Frey (“Frey”), on May 5, 2024. See 24 Second Am. Compl. (“SAC”) ¶¶ 1, 27, ECF No. 36. Frey was shot 25 after law enforcement responded to a 911 call in which the caller 26 reported that a man, later identified as Frey, was trespassing on 27 his property in Stanislaus County, California. Id. ¶¶…