# Estate of Leonard Brown v. Alameda County

> District Court, N.D. California · February 2, 2023

URL: https://www.frixlaw.com/law-library/cases/10074228

## Case

- **Court:** District Court, N.D. California
- **Decided:** February 2, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10074228

## Opinion text

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.
IT IS SO ORDERED.
Dated: February 2, 2023 :
VINCE CHHABRIA
United States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10074228. Public record. Not legal advice.