Venerable

MEMORANDUM OF OPINION AND ORDER

This case arises from the shooting death of Donald Venerable, Jr. (“Venerable”), by police officers from the Sacramento City Police Department. Venerable’s surviving family members filed suit against defendants, the City of Sacramento, Arturo Venegas, and Joseph Ellis. Defendants now move to dismiss all claims. Plaintiffs oppose the motion in part and seek leave to file a second amended complaint.

I.

On February 9, 1999, police officers from the Sacramento City Police Department responded to a reported domestic dispute that involved Donald Venerable, Jr. and his wife Satanya Venerable. (Complaint at ¶ 11-13). In the course of responding to the incident, defendant Ellis shot Venerable after an attempt to subdue Venerable with a taser proved unsuccess ful. Venerable died from the gunshot either immediately or soon thereafter.

This action was filed on February 22, 2001 by plaintiffs Norma J. Venerable, the mother of decedent Donald Venerable, Jr., in her individual capacity; Norma J. Venerable as guardian ad litem of Donald Venerable’s minor children, Mi’Shaye Venerable, Jhamon Venerable, and Donald Edward Venerable III; and Donald E. Venerable,…