Bauer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division 11 JOHN BAUER, et al., Case No. 3:19-cv-04593-LB

12 Plaintiffs, ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

13 v.

MOTION TO DISMISS PLAINTIFFS’

14 CITY OF PLEASANTON, et al., FIRST AMENDED COMPLAINT

15 Defendants. Re: ECF No. 15 16 17 INTRODUCTION 18 In August 2019, police officers responded to a call about Jacob Bauer, who allegedly was 19 causing a disturbance at a grocery store in Pleasanton, California.1 The officers allegedly 20 restrained Jacob, put a spit mask over his mouth, used a stun gun and a taser, and — after he was 21 fully restrained — hit him with a baton and “stomped on his chest several times.”2 Jacob, who was 22 unarmed and suffering from a mental illness, died on the scene after the police “did not provide or 23 summon timely medical attention,” even though Jacob was “unresponsive and turning blue.”3 24 Jacob’s parents, and the plaintiffs in this lawsuit, are…