Perez

Perez v. United States

Good Law
103 F. Supp. 3d 1180·2015 WL 2061959·2015 U.S. Dist. LEXIS 57785
United States District Court, Southern District of CaliforniaMay 1, 2015Case No. 13cv1417-WQH-BGSCalifornia14,303 words

Opinion

Lead Opinion

Hayes, J.

ORDER

The matter before the Court is the Motion to Dismiss Plaintiffs’ Second Amended Complaint filed by Defendants Janet Na-politano, Alan Bersin, David Aguilar, Michael Fisher, and Chad Nelson. (ECF No. 65).

I. Background

On June 17, 2018, Plaintiffs Maria Del Socorro Quintero Perez, the widow of Jesus Alfredo Yáñez Reyes (‘Yáñez”), and CY and BY, the minor children of Yáñez, commenced this action, seeking damages for the death of Yáñez, as well as declara *1188 tory relief. (ECF No. 1). On January 2, 2014, Plaintiffs filed the First Amended Complaint (“FAC”). (ECF No. 25). The FAC asserted the following claims for relief: (1) violation of the law of nations against the Government Defendants 1 ; (2) violation of the Fifth Amendment’s Due Process Clause against the Government Defendants and Supervisor Defendants 2 ; (3) violation of the Fifth Amendment’s Due Process Clause against the Agent Defendants 3 ; (4) violation of the Fourth Amendment’s prohibition against unreasonable seizures against the Government Defendants and Supervisor Defendants; (5) violation of the Fourth Amendment’s prohibition against unreasonable seizures against the Agent Defendants; (6) violation of…

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