Lum

ORDER

This is a § 1983 civil rights and state law wrongful death action against San Joaquin County, the City of Lathrop, and multiple city and county employees. It arises out of the death of plaintiffs’ son following his release from the San Joaquin County Jail. Defendants County of San Joaquin (“the County”) and City of Lathrop (“the City”) and Sergeants Walters and Pease (“the arresting officers”) now move to dismiss portions of the first amended complaint. The City moves to dismiss plaintiffs first claim for unlawful arrest; the fifth claim for disability discrimination under the ADA; and plaintiffs sixth claim for wrongful death. The County moves to dismiss plaintiffs sixth claim for wrongful death. The arresting officers move to dismiss the ADA and wrongful death claims. The defendants also challenge plaintiffs’ standing on all claims. For the reasons described herein, certain of the motions are GRANTED, others DENIED, and plaintiffs are GRANTED leave to amend their complaint.

I. BACKGROUND

Plaintiffs’ first amended complaint (“FAC”) makes the following allegations:

A. Plaintiffs and Decedent

Plaintiffs, Jerry Lum and Dorothea Timmons, are the parents, heirs, successors…