Ortiz

I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND1

24 This case involves a property dispute that resulted in the 25 fatal shooting of Ricardo Ortiz. First Am. Compl. (“FAC”) ¶ 89,

1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled for April 19, 2022. ECF No. 12. On the afternoon of December 10, 2020, Deputy Spencer received a call via dispatch to report to a residential property in Hayfork, California (the “subject property”), due to a dispute between Joseph Nieves and Ortiz. Id. ¶ 19. Upon arrival, Deputy Spencer spoke with Nieves who informed him he was the owner of the subject property and was running a marijuana cultivation operation. Id. ¶ 21. Nieves also conveyed that he had recently terminated Ortiz who was claiming entitlement to a portion of the subject property. Id. ¶¶ 22, 24. Nieves told Deputy Spencer that if Ortiz returned to the subject property and Deputy Spencer was not there it would get violent. Id. ¶ 25. Deputy Spencer agreed to contact Ortiz and left the subject property. Id. ¶ 28. However, before he was able to…