Johansen

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

VIRGINIA JOHANSEN ., Case No.: 21-CV-1892 YGR

Plaintiffs, ORDER GRANTING MOTION TO DISMISS

WITH LEAVE TO AMEND

vs.

10 COUNTY OF NAPA .,

Defendants.

12 Pending before this Court is defendants’ partial motion to dismiss. Having carefully 14 considered the pleadings and papers submitted, and for the reasons set forth below, the Court 15 GRANTS defendants’ motion. The legal standard is not in dispute and will not be repeated here. 1. Second Cause of Action With respect to the motion to dismiss the Fourteenth Amendment claim brought by 19 plaintiffs Kurt Nylander, the decedent’s uncle and Kristine Brott the decedent’s aunt, the claim is 20 based on excessive use of force and is properly analyzed under the Fourth Amendment as it 21 provides the explicit textual source of constitutional protection for allegations of excessive force in 22 the course of an arrest, investigatory stop, or other ‘seizure’ of a free person. See Graham v. 23 Connor, 490 U.S. 386, 395…