Moore

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

Defendants City of Vallejo (“the City”), City of Vallejo Police Chief Joseph Kreins (“Chief Kreins”) and Officer Sean Kenney (“Officer Kenney”) (collectively “Defendants”) move to dismiss (Doc. #21) the first, second, fourth, fifth, sixth, and seventh causes of action in Plaintiffs Lisa and Eugene Moore’s (collectively “Plaintiffs”) First Amended Complaint (“FAC”) (Doc. # 13). 1 Defendants’ motion is granted in *1256 part and denied in part for the reasons set forth below.

I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND

According to the FAC, on or about October 21, 2012, at approximately 1:30 a.m., Vallejo Police Department officers (collectively “the officers”), including Officer Kenney, fatally shot Decedent Jeremiah Eugene Moore (“Decedent”) at his home. Before they arrived, the officers were informed that Decedent was suffering from developmental disabilities including an Autism Spectrum Disorder, mental illness, and/or emotional disturbance. Upon arrival, the officers found Decedent walking naked in front of his home without a weapon and posing “no significant or immediate threat”- to the officers.…