Umberger

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | George P. Umberger II, et al., No. 2:24-ev-01169-KJM-JDP 12 Plaintiffs, ORDER 13 v. 14 City of Folsom, et al., 1S Defendants. 16 17 Plaintiffs George Umberger, II, Lisabeth King and Savannah Bailey allege several Folsom 18 | City Police officers obtained a warrant to search their apartment and Umberger’s business based 19 | ona misleading affidavit. They also allege the officers used excessive force during the search, 20 | and they allege the City of Folsom had an unconstitutional policy of excessive force. The 21 | defendant officers and the City move to dismiss for failure to state a claim. As explained in this 22 | order, the complaint does not include allegations that could support the claims about the search 23 | warrant affidavit, nor about the City’s policies. It does, however, include allegations that make 24 | out plausible claims of excessive force. The court thus grants the motion to dismiss in part and 25 | denies it…