Allen

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRENT ALLEN, et al., Case No. 23-cv-01895-VC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS RODRIGUEZ AND PRIETO'S CITY OF ANTIOCH, et al., MOTION TO DISMISS Defendants. Re: Dkt. No. 167

The motion is granted in part and denied in part. This order assumes the reader’s familiarity with the facts, relevant legal standards, and arguments made by the parties. 1. Pugh’s Section 1983 claim based on excessive force stemming from the November 2020 incident is dismissed.1 Pugh’s counsel conceded at the hearing that this claim is barred by the statute of limitations. 2. Pugh’s Section 1981 claim of racial bias is dismissed with leave to replead as a Section 1983 claim. See Yoshikawa v. Seguirant, 74 F.4th 1042, 1047 (9th Cir. 2023) (en banc). 3. Pugh’s Section 1981 malicious prosecution claim is dismissed, as conceded by Pugh. 4. Pugh’s Section 1985-86 claims survive. A plaintiff asserting such a claim must allege, and eventually prove, “(1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of…