Jackson v. City of Modesto

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 ESTATE OF KIM JACKSON, et al., CASE NO. 1:21-CV-0415 AWI EPG

Plaintiffs

ORDER ON DEFENDANTS’ SECOND

v. MOTION TO DISMISS

CITY OF MODESTO, et al., (Doc. No. 29) Defendants

14 15 This case stems from a fatal encounter between decedent Kim Jackson (“Jackson”) and members of the Modesto Police Department (“MPD”). Plaintiffs, who are Jackson’s Estate (“the Estate”) and family, bring claims under 42 U.S.C. § 1983 (for violations of the First, Fourth and Fourteenth Amendments based on excessive force, interference with familial relationships, and Monell liability), 29 U.S.C § 779 (the Rehabilitation Act (“RA”)), 42 U.S.C. § 12101 et seq. (Title II of the Americans with Disabilities Act (“the ADA”)), as well as state law claims for violations of the California Constitution, Cal. Civ. Code § 52.1 (“the Bane Act”), battery, negligence, and Cal. Code Civ. P. § 377.60 (wrongful death). Following a first motion to dismiss, the active Complaint is the…