Estate of Delion Johnson v. County of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Estate of Delion Johnson, et al., No. 2:23-cv-01304-KJM-JDP Plaintiffs, ORDER Vv. 14 County of Sacramento, et al., 1S Defendants. 16 Plaintiffs bring this civil rights action under 42 U.S.C. § 1983 against defendants County of Sacramento, the Sacramento County Sheriff's Department and Sheriff Jim Cooper for the death of Delion Johnson.! Defendants move to dismiss the complaint for failure to state a claim, 20 and also move to strike portions of the complaint. The court grants the motion to dismiss in part and also grants in part the motion to strike.

' Plaintiffs also name 20 Doe defendants but have not identified any by name at this point. If as here defendants’ identities are unknown when the complaint is filed, plaintiffs have an opportunity through discovery to identify them. Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). But the court will dismiss such unnamed defendants if discovery…