Barbosa

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

THOMAS BARBOSA, DECEASED, by and No. 2:20-cv-02298-JAM-DMC through his Co-Successors in Interest, LUPITA BARBOSA, Individually, and as Mother and Next Friend for K.B. and T.B., ORDER GRANTING PLAINTIFFS’ minors, et al., MOTION TO CERTIFY DEFENDANTS’ APPEAL AS Plaintiffs, FRIVOLOUS 15 v. 16 SHASTA COUNTY, a public entity, et al., Defendants. 19 Plaintiffs move to certify Defendants’ qualified immunity appeal as frivolous. See Mot. to Certify as Frivolous (“Mot.”), ECF No. 63. Defendants oppose the motion. See Opp’n, ECF No. 68. Plaintiffs replied. See Reply, ECF No. 70. For the reasons set forth below, the Court GRANTS Plaintiffs’ motion to certify Defendants’ appeal as frivolous.1

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 December 6, 2022. I. BACKGROUND As the parties…