Estate of Frank Carson and Georgia DeFilippo v. County of Stanislaus

Good Law
United States District Court, Eastern District of CaliforniaSeptember 11, 20231:20-cv-00747California10,390 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ESTATE OF FRANK CARSON AND No. 1:20-cv-00747-DJC-BAM GEORGIA DEFILIPPO, et al., 12 Plaintiffs, ORDER v. 14 COUNTY OF STANISLAUS, et al., 15 Defendants. 16 This action concerns Frank Carson’s arrest and prosecution by Defendants in connection with the alleged murder of Korey Kauffman. Plaintiffs raise a number of claims pursuant to 42 U.S.C. § 1983 and California state law based on their arrest and the investigation that preceded it. Presently before the Court is Defendants’ motion to dismiss some of the claims raised in the Second Amended Complaint. (Defs.’ Mot. (ECF No. 71).) For the reasons stated below, Defendants’ Motion to Dismiss is GRANTED IN PART and DENIED IN PART. I. Background Plaintiffs are the Estate of criminal defense attorney Frank Carson and Carson’s Wife, Georgia DeFilippo, in her status as an individual and as a successor in interest to Carson. Carson was arrested in 2015 on suspicion that he was involved in a murder for…

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