Bailey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 DAVID MICHAEL BAILEY, No. 2:24-cv-03231-JAM-AC Plaintiff, v. ORDER GRANTING MOTION TO DISMISS

IN PART

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