Rosemary H. Mullins v. County of Fresno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 ROSEMARY HINOJOSA MULLINS, as CASE NO. 1:21-cv-00405-AWI-SAB an individual, and as guardian ad litem for KAYLA ALICIA MULLINS (a minor),

ORDER GRANTING IN PART AND

Plaintiffs, DENYING IN PART DEFENDANTS’ v. MOTION TO DISMISS

COUNTY OF FRESNO, FRESNO

COUNTY SHERIFF’S DEPARTMENT; (Doc. No. 9) and DOES 1 through 25, 13 Defendants. 14 15 16 17 Plaintiff Rosemary Mullins filed this action in Fresno Superior Court on January 15, 2021 as an individual and as guardian ad litem for her minor granddaughter, Kayla Mullins, alleging claims under state and federal law in connection with the fatal shooting of her son and Kayla Mullins’s father, Kenneth Mullins (“Mullins”). Doc. No. 1-1 at 6.1 The action was removed to this Court on March 12, 2021, Doc. No. 1, and an amended complaint (the “First Amended Complaint” or “FAC”) was filed on April 9, 2021. Doc. No. 6. Defendants County of Fresno (the “County”) and Fresno County Sheriff’s Department (the “Sheriff’s Department,”…