Allen

Allen v. City of Antioch

Good Law
United States District Court, Northern District of CaliforniaSeptember 9, 20243:23-cv-01895California365 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiffs,

ORDER DENYING DEFENDANT

v. AMIRI'S MOTION TO DISMISS

CITY OF ANTIOCH, et al., Re: Dkt. No. 172 Defendants.

The motion to dismiss is denied. Plaintiff Terryon Pugh brings one claim for conspiracy to violate civil rights under 42 U.S.C. § 1985-86 against Defendant Morteza Amiri. 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 persons of the equal protection of the laws, or of equal privileges and immunities under the laws; and (3) an act in furtherance of this conspiracy; (4) whereby a person is either injured in his person or property or deprived of any right or privilege of a citizen of the United States.” Sever v. Alaska Pulp Corp., 978 F.2d 1529, 1536 (9th Cir. 1992) (quoting United Brotherhood of Carpenters and Joiners of America v. Scott, 463 U.S. 825, 828–29 (1983)). Pugh alleges two incidents in which Antioch police officers targeted him for his race and used excessive force…

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