Prado
Prado v. City of Berkeley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 YESICA PRADO, et al., Case No. 23-cv-04537-EMC
Plaintiffs,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS
CITY OF BERKELEY, Defendants. Docket No.
12 I. INTRODUCTION Named Plaintiffs and the organization, Where Do We Go Berkeley (“WDWG”) have brought a class action on behalf of unhoused disabled individuals living in the City of Berkeley (“the City”). Plaintiffs allege that, throughout the City’s abatements, evictions, and treatment of disabled unhoused persons, the City has violated the Fourth Amendment’s prohibition against unreasonable search and seizure, the Americans with Disabilities Act (ADA), the Fair Housing Act, the Eighth Amendment pursuant to Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019), and the Plaintiffs’ due process rights by placing them in a state-created danger (and the corresponding state law claims where applicable). In…