Young

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 11 SIDNEY KANG, DECEASED, by and through ) Case No.: 1:23-cv-01519-KES-CDB his Co-Successors in Interest, KATIE YOUNG ) 12 and JOHN KANG, as Co-Successors in ) Interest and individually, ) ORDER GRANTING IN PART AND DENYING 13 ) IN PART DEFENDANTS’ PARTIAL MOTION TO Plaintiffs, ) DISMISS PLAINTIFFS’ FIRST AMENDED 14 ) COMPLAINT v. ) 15 ) (Docs. 15, 21)

OFFICER CUSTER; CHRISTIAN PFEIFFER; )

16 and DOES 1 through 10, inclusive, ) ) 17 Defendants. ) ) 18 19 Plaintiffs Katie Young and John Kang, individually and as co-successors in interest to decedent 20 Sidney Kang, bring this action against Defendants Officer Custer, Warden Pfeiffer, and Does 1-10, 21 alleging failure to protect and supervisorial liability under 42 U.S.C. § 1983; negligence; negligent 22 supervision, training, hiring, and retention; wrongful death; intentional infliction of emotional distress 23 (against Officer Custer only);…