Lucinda Lozano v. County of Santa Clara

FILED

NOT FOR PUBLICATION

SEP 8 2021

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LUCINDA LOZANO; et al., No. 20-15992

Plaintiffs-Appellants, D.C. No. 3:19-cv-02634-EMC

v.

MEMORANDUM*

COUNTY OF SANTA CLARA; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding

Argued and Submitted August 10, 2021 San Francisco, California

Before: SILER,** CHRISTEN, and FORREST, Circuit Judges.

Plaintiffs appeal the district court’s Rule 12(b)(6) dismissal of claims

brought pursuant to 42 U.S.C. § 1983 by the parents of deceased inmate Johnny

Lozano. Because the parties are familiar with the facts, we do not recite them here.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. We review de novo a dismissal for failure to state a claim pursuant to…