Estate of Haile Neil v. County of Colusa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 ESTATE OF HAILE NEIL, TARA KUCK, and MICHAEL NEIL No. 2:19-cv-02441-TLN-DB Plaintiffs, 12 v. ORDER

COUNTY OF COLUSA, COLUSA

COUNTY SHERIFF’S DEPARTMENT, and BRITTNEY CUNNINGHAM,

Defendants.

17 This matter is before the Court on the County of Colusa (“County”), the Colusa County Sheriff’s Department (“CCSD”), and Brittney Cunningham’s (“Cunningham”) (collectively, “Defendants”) Motion to Dismiss the First Amended Complaint (“FAC”). (ECF No. 48.) Plaintiffs the Estate of Haile Neil (the “Estate”), Tara Kuck (“Kuck”), and Michael Neil (collectively, “Plaintiffs”) opposed the motion. (ECF No. 49.) Defendants replied. (ECF No. 51.) For the reasons set forth below, Defendants’ Motion to Dismiss is GRANTED in part and DENIED in part. /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND This case concerns the death of Haile Neil (“Neil”) while in the custody of the CCSD. (ECF No. 45 at 1.) Neil had a…