Seever
Seever v. City of Modesto
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ROBERT SEEVER, Individually Case No. 1:21-cv-01373-JLT-EPG and As Co-Successor in Interest to 12 TREVOR R. SEEVER, Deceased, and ORDER DENYING DEFENDANTS’ DARLENE RUIZ, Individually and as Co- MOTION TO DISMISS 13 Successor in Interest to TREVOR R. SEEVER, Deceased, 14 (Doc. 28) 15 Plaintiffs, 16 v. 17 CITY OF MODESTO, MODESTO
POLICE DEPARTMENT, JOSEPH
18 LAMANTIA, and Does 1-10, inclusive, 19 Defendant. 20 David Robert Seever and Darlene Ruiz brought a 42 U.S.C. § 1983 action on behalf of 21 their deceased son Trevor Seever, who died as a result of an officer-involved shooting. Plaintiffs’ 22 amended complaint asserts several claims against the individual officers, the City of Modesto, 23 and the Modesto Police Department. On February 14, 2022, the City and MPD moved to 24 dismissed two claims: Claim Four for Municipal Liability – Unconstitutional Custom, Practice, or 25 Policy and Claim Eight – Intentional Infliction of Emotional Distress. (Doc. 28.) For the reasons…