Estate of Joel Reyes Munoz by its successor in interest Leticia Duran Martinez v. The United States of America

I. BACKGROUND

26 Joel Reyes Munoz (“Decedent”), an undocumented individual, died after falling 27 from the high border barrier between Mexico and the United States. Compl. at 2. He fell 28 1 from the high border barrier and sustained significant blunt force injuries. Id. Shortly 2 after his fall, Border Patrol agents arrested Decedent and Plaintiffs allege that agents 3 witnessed his injuries and medical condition, and negligently and with deliberate 4 indifference failed to render or summon medical assistance. Compl. ¶ 10. Plaintiffs 5 further allege that agents held decedent in custody and failed to take reasonable steps to 6 obtain medical care despite the obvious need for immediate medical care and failed to 7 seek emergency treatment, until after decedent lost consciousness and stopped breathing. 8 Compl. ¶ 21. Plaintiffs filed a complaint alleging three causes of action: negligence, 9 violation of the Bane Act and wrongful death. Defendants motion tests the sufficiency of 10 the Bane Act cause of action only. 11 II. LEGAL STANDARD 12 A. Federal Rule of Civil Procedure 12(b)(1) 13 Federal Rule of Civil Procedure 12(b)(1) permits…