Estate of Leonard Brown v. Alameda County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ESTATE OF LEONARD BROWN, et al., Case No. 22-cv-05457-VC Plaintiffs,
ORDER GRANTING PARTIAL
Vv. MOTION TO DISMISS ALAMEDA COUNTY, et al., Re: Dkt. No. 21 Defendants.
CFMG’s partial motion to dismiss is granted. The claims for deliberate indifference, unwarranted interference with familial association, and intentional infliction of emotional are dismissed as to CFMG. For the reasons discussed at the hearing, the plaintiffs have not adequately alleged the specific role CFMG employees played in Brown’s death. The plaintiffs have also not adequately alleged that CFMG’s employees were acting pursuant to a policy or custom for purposes of the section 1983 claims. For the reasons explained in Wilkins-Jones v. County of Alameda, the ADA claim against CFMG is also dismissed. 859 F. Supp. 2d 1039, 1045-1048 (N.D. Cal. 2012); see also Abraham v. Corizon Health, Inc., 775 F. App’x 301, 303 (9th Cir. 2019). Dismissal is with leave to amend. The parties have agreed that the plaintiffs may have until April 28, 2023 to file an amended complaint.