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HERRERA v. CITY OF SACRAMENTO

No. 2:13-cv-00456 JAM-AC.

ADELAIDA HERRERA, individually and joint successor-in-interest to DECEDENT ASCENCION HERRERA, JR.; ASCENCION HERRERA, SR., individually and joint successor-in-interest to DECEDENT ASCENCION HERRERA, JR.; and, THE ESTATE OF ASCENCION HERRERA, JR., Plaintiffs, v. CITY OF SACRAMENTO; SACRAMENTO POLICE DEPARTMENT; RICK BRAZIEL, individually and in his official capacity as CHIEF OF POLICE for the SACRAMENTO POLICE DEPARTMENT; and DOES 1-20, inclusive; individually, jointly, and severally, Defendants.

United States District Court, E.D. California.

August 2, 2013.

Attorney(s) appearing for the Case

Adelaida Herrera, Plaintiff, represented by Charles A Pacheco, Pacheco & Somera.

Ascencion Herrera, Sr., Plaintiff, represented by Charles A Pacheco, Pacheco & Somera.

Estate of Ascencion Herrera, Jr., Plaintiff, represented by Charles A Pacheco, Pacheco & Somera.

City of Sacramento, Defendant, represented by Sean D. Richmond, Sacramento City Attorney's Office.

Rick Braziel, Defendant, represented by Sean D. Richmond, Sacramento City Attorney's Office.

Sacramento Police Department, Defendant, represented by Sean D. Richmond, Sacramento City Attorney's Office.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

JOHN A. MENDEZ, District Judge.

This matter is before the Court on Defendants City of Sacramento (City); Sacramento Police Department; and Rick Braziel's (collectively "Defendants") Motion to Dismiss (Doc. #8). Plaintiffs Adelaida Herrera; Ascencion Herrera, Sr.; and the Estate of Ascencion Herrera, Jr. (collectively "Plaintiffs") oppose the motion (Doc. #11) and Defendants have replied (Doc. #12).

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