Quinto-Collins

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MARIA CASSANDRA QUINTO- Case No. 21-cv-06094-VC COLLINS, et al.,

Plaintiffs, ORDER DENYING MOTION TO

DISMISS AND GRANTING MOTION

v. FOR BIFURCATION

CITY OF ANTIOCH, et al., Re: Dkt. No. 13 Defendants.

Angelo Quinto died shortly after a 911 call brought officers to his home. According to the allegations in the complaint filed by his family members, Quinto was killed by the officers, who pinned him face down on the floor with a knee or leg on his neck, causing him to stop breathing. The defendants do not seek dismissal of the plaintiffs’ claims against the individual officers, but they move to dismiss the Monell claim against the City of Antioch, arguing that the plaintiffs have not adequately alleged that any constitutional violation was the result of a municipal policy or custom. Because the plaintiffs have articulated at least one basis for Monell liability, the motion to dismiss the Monell claim is denied. A city can be held liable under section 1983 only if “action pursuant to official municipal policy of some nature caused a constitutional tort.” Monell v.…