Umberger

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 George P. Umberger II, et al., No. 2:24-ev-01169-KJM-JDP Plaintiffs, ORDER v. City of Folsom, et al., 1S Defendants. 16 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 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 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…