Eagan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 CHRISTOPHER KERSHNER, No. 2:20-cv-01047-JAM-DB Plaintiff, v. ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS

JOSHUA EAGAN, Police Officer for the City of Auburn, et al., 13 Defendants. 14 Christopher Kershner (“Plaintiff” or “Kershner”) sued Police Officers Joshua Eagan, Philip Isetta, Angela McCollough, and Ryan Kinnan, as well as the City of Auburn and 50 unnamed Does (“Defendants”), alleging wrongful arrest and seizure of his prescription medication in violation of his Fourth and Eighth Amendment rights under U.S.C. § 1983. See First Am. Compl. (“FAC”), ECF No. 4. Plaintiff also brought superior liability and Monell claims. Id. Defendants move to dismiss: (1) Plaintiff’s first § 1983 claim insofar as it alleges wrongful seizure of prescription medication under the Fourth Amendment; (2) Plaintiff’s second § 1983 claim under the Eighth Amendment; (3) Plaintiff’s superior liability claim against Defendant McCollough; and (4)…