Jackson v. City of Modesto

Case 1:21-cv-00415-AWI-EPG Document 25 Filed 10/15/21 Page 1 of

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ESTATE OF KIM JACKSON, et al., CASE NO. 1:21-CV-0415 AWI EPG Plaintiffs

ORDER ON DEFENDANTS’ MOTIONS

v. TO DISMISS CITY OF MODESTO, et al., (Doc. Nos. 9, 16) Defendants

This case stems from a fatal encounter between decedent Kim Jackson (“Jackson”) and 13 members of the Modesto Police Department (“MPD”). Plaintiffs, who are Jackson’s Estate (“the

14 Estate”) and family, bring claims under 42 U.S.C. § 1983 (for violations of the First, Fourth and

15 Fourteenth Amendments based on excessive force, interference with familial relationships, and

16 Monell liability), 29 U.S.C § 779 (the Rehabilitation Act (“RA”)), 42 U.S.C. § 12101 et seq. (Title

17 II of the Americans with Disabilities Act (“the ADA”)), as well as state law claims for violations

18 of the California…