Elkins v. California Highway Patrol

1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 THE ESTATE OF CECIL ELKINS, JR., CASE NO. 1:13-CV-1483 AWI SAB et al., 7 Plaintiffs ORDER ON DEFENDANT’S MOTION 8 TO DISMISS v. 9 OFFICER HIPOLITO PELAYO., (Doc. No. 209) 10 Defendant 11 12 13 This case stems from a fatal confrontation between decedent Cecil Elkins, Jr. (“Elkins”) 14 and the last remaining defendant, California Highway Patrol Officer Hipolito Pelayo (“Pelayo”). 15 Plaintiffs are the estate and family members of Elkins, and they allege various claims under 42

16 U.S.C. § 1983

and California state law.…