Estate of Sandra Lee Harmon v. County of San Mateo

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ESTATE OF SANDRA LEE HARMON, et Case No. 21-cv-01463-VC al.,

Plaintiffs, ORDER GRANTING IN PART AND

DENYING IN PART MOTION TO

v. DISMISS AND STAYING MONELL

CLAIM

COUNTY OF SAN MATEO, et al., Re: Dkt. No. 67 Defendants.

The defendants moved to dismiss two of the remaining four claims in this case. But rather than evaluate the Monell claim at the outset of this litigation, the Court denies the motion to dismiss that claim and stays the claim pending the adjudication of the individual constitutional claims. The defendants may file a renewed motion to dismiss the Monell claim at that time. The motion to dismiss the Fourteenth Amendment loss of familial association claim is granted in part and denied in part. When Harmon exited the RV carrying a shotgun and discharged two rounds into the air, the deputies were forced to make snap judgments about how to handle the escalating situation, such that deliberation was not practical under the circumstances. See Hayes v. County of San Diego, 736 F.3d 1223, 1230 (9th Cir. 2013). So to state a claim that their conduct shocked the conscience,…