Estate of Nino Bosco, by and through sucessor in interest, Frauka Kozar v. County of Sonoma ( 2020 )

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ESTATE OF NINO BOSCO, BY AND Case No. 20-cv-04859-CRB THROUGH SUCESSOR IN INTEREST, 9 FRAUKA KOZAR., et al., oe ORDER GRANTING IN PART AND 10 Plaintifis, DENYING IN PART MOTION TO DISMISS 11 Vv. WL COUNTY OF SONOMA, et al., 13 Defendants. Defendants County of Sonoma (the County), Mark Essick, and Mazen Awad move 2 15 || to dismiss Plaintiff Estate of Nino Bosco (Bosco)’s Fourteenth Amendment claims under 16 || 42 U.S.C. § 1983. The County also moves to dismiss Bosco’s claim under the Americans 2 17 || with Disabilities Act (“ADA”), 42 U.S.C. § 12132. MTD (dkt. 16) at 1. 6 18 The Court grants the Motion to Dismiss with respect to Bosco’s claims against 19 || Essick and Awad in their official capacities. See Ctr. For Bio-Ethical Reform, Inc. v. L.A. 20 || Cnty. Sheriff Dep’t, 533 F.3d 780, 799 (9th Cir. 2008). 21 The Court denies the Motion to Dismiss with respect to all other claims. 22 IT IS SO ORDERED. iE 23 Dated: October 21, 2020 CHARLES R. BREYER 24 United States District Judge 25 26 27 28