Jackson v. City of Modesto
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 ESTATE OF KIM JACKSON, et al., CASE NO. 1:21-CV-0415 AWI EPG
Plaintiffs
ORDER ON PLAINTIFFS’ MOTION TO
v. STRIKE
CITY OF MODESTO and GALEN CARROLL, (Doc. No. 44) 11 Defendants 12 13 This case stems from a fatal encounter between decedent Kim Jackson (“Jackson”) and members of the Modesto Police Department (“MPD”). Plaintiffs are Jackson’s Estate and her family members. Following prior Rule 12(b) motions, the only remaining defendants are the City of Modesto (“the City”) and former Modest Police Chief Galen Carroll (“Carroll”). Currently before the Court is Plaintiffs’ Rule 12(f) motion to strike Defendants’ second affirmative defense, which invokes discretionary act immunity under Cal. Gov. Code § 820.2 and derivative immunity under Cal. Gov. Code § 815.2. For the reasons that follow, the motion will be granted. 21 GENERAL BACKGROUND1 On October 8, 2016, Jackson was 52 years old and suffered from mental health…