Indeed, courts have found that the Fourteenth Amendment may be used as a conduit for the Fourth Amendment. Neylon v. County of Inyo, 1:16-CV-0712 AWI JLT, 2016 WL 6834097, at *8 (E.D. Cal. Nov. 21, 2016); Holcomb v. Ramar, 1:13-CV-1102 AWI SKO, 2013 WL 5947621 (E.D. Cal. Nov. 1, 2013). As a result, although a plaintiff may not be seeking to recover under a Fourteenth Amendment due process theory, references to the Fourteenth Amendment in terms of excessive force and false arrest claims is appropriate.

"Despite the confusion that tends to result, courts have acknowledged that it is acceptable to reference the Fourteenth Amendment as a conduit for the Fourth Amendment." Holcomb v. Ramar, 2013 U.S. Dist. LEXIS 157833, *9 (E.D. Cal. Nov. 1, 2013) (and cases cited therein). In light of Neylon's opposition, the Court will read the first cause of action as alleging only a Fourth Amendment claim.

The Court previously dismissed Holcomb's § 12132 claims against all individual officers without leave to amend because § 12132 creates liability against "public entities," not against individual officers. See Holcomb v. Ramar, 2013 U.S. Dist. LEXIS 157833, *16-*17 (E.D. Cal. Nov. 1, 2013) (citing numerous cases). Because the City of Modesto is no longer a party, there are no longer any potentially viable claims under § 12132.

While Monique's injuries were ultimately determined to be severe, causing blindness, it is not clear based on the pleaded facts that it would have been obvious to the officers that she needed to be taken to the hospital more quickly than she was. See Holcomb v. Ramar, 2013 WL 5947621, at *4 (E.D. Cal. 2013) (dismissing a claim for failure to summon medical care when the pleadings did not specify or allow the court to infer "the length of the delay or the seriousness of the need for medical attention"). Under the circumstances, it may very well have been reasonable for the officers to leave Monique "unattended" while the two officers briefly discussed, out of earshot of Plaintiffs, whether is was necessary to seek medical care before deciding to take Monique to the hospital.