Klyce

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 KEVIN KYLCE, CASE NO. 4-21-cv-2889-YGR

Plaintiff, ORDER GRANTING IN PART AND DENYING vs.

IN PART MOTION TO DISMISS

Re: Dkt. No. 26 CENTRAL MARIN POLICE AUTHORITY, ET

AL.,

10 Defendants. 11 Before the Court is defendant Central Marin Police Authority’s (“CMPA”) motion to 12 dismiss the third cause of action in plaintiff’s first amended complaint. (Dkt. No. 26) (“Compl.”). 13 Plaintiff brings three causes of action against CMPA based on excessive force used during the 14 course of a mistaken arrest. These three causes of action include: (1) Fourth Amendment- 15 Excessive Force under 42 U.S.C. § 1983; (2) Fourth Amendment -Unlawful Seizure under 42 16 U.S.C. § 1983; and (3) violation of Title II of the Americans with Disabilities Act (“ADA”) under 17 42 U.S.C. § 12132. 18 Having reviewed the motion to dismiss, the parties’ briefing, and argument during the July 19 28, 2021 case management conference, the Court GRANTS IN PART and DENIES IN PART the 20 motion to dismiss. 21 The standard for a motion…