( Id.) At approximately 9:58 p.m., defendant Stevens yelled “I am going to drop him” and began firing at Corrigan, even though Corrigan had his back toward the deputies.

Mountain Ranch Road is in a rural area, and properties and residences are spaced far apart there. ( Id.) Corrigan then turned around from law enforcement and began walking toward his father's residence, located approximately 116 yards away. at ¶ 32.) Moreover, he was not responding to law enforcement commands, although he made no threatening moves to shoot at law enforcement nor point his rifle at them during this incident.

at ¶¶ 5, 30.) Witnesses reported that Corrigan was acting incoherent, growling, and staring into space. at 29.) At 9:55 p.m., defendants Stevens, Moser, and Terry, all members of the Calaveras County Sherriff's Department, and defendant Boberg, an officer for the California Highway Patrol, arrived at the reported location and confronted Corrigan. at ¶¶ 5, 29.) None of the witnesses reported that the man was threatening them, but they did report that he was acting strangely, waiving his hands and the weapon above his head. on July 5, 2018, the Calaveras County Sherriff's Department received calls from witnesses reporting that a man (later determined to be Corrigan) was in the middle of Mountain Ranch Road in San Andreas, California with an “unknown” rifle. Plaintiffs Thomas James Corrigan, Kathleen Ann Waite, Kirstin Lynn Corrigan, and Devin James Corrigan (all family members of decedent Corrigan) filed this lawsuit against defendants and allege as follows in their operative first amended complaint (“FAC”). This case arises from a lethal shooting by law enforcement officers of John James Corrigan (“Corrigan” or “decedent”). 19, 25.) For the reasons explained below, the court will deny defendant Boberg's motion and grant in part and deny in part defendants County of Calaveras, Sheriff DiBasilio, Kevin Stevens, Jim Moser, and Brian Terry's motion. 617 addressing the public health emergency posed by the COVID-19 pandemic, both motions were taken under submission on the papers. 17.) Second, defendants County of Calaveras, Sheriff DiBasilio, Kevin Stevens, Jim Moser, and Brian Terry have moved to dismiss the first and third causes of action of plaintiffs' first amended complaint pursuant to Rule 12(b)(6) due to plaintiffs' failure to state a claim upon which relief can be granted. First, defendant Joseph Boberg has moved to dismiss plaintiffs' original complaint pursuant to Rule 4(m) and Rule 12(b)(5) of the Federal Rules of Civil Procedure due to insufficient service of process. This matter is before the court on two separate motions to dismiss. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS (DOC.

2:11-cv-03579-dmg-man