Allen

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiffs, ORDER RE WENGER'S MOTION TO v. DISMISS THE THIRD AMENDED

COMPLAINT

CITY OF ANTIOCH, et al., Re: Dkt. No. 235 Defendants.

The motion is granted in part and denied in part. This order assumes the reader’s familiarity with the facts, legal standards, arguments made by the parties, and the prior Orders addressing Wenger’s two previous motions to dismiss. See Dkt. Nos. 218 and 111. The operative complaint is now the Third Amended Complaint, which Wenger moves to dismiss as to him. 1. Kardell Smith and Jamari Allen’s malicious prosecution claims are dismissed. The plaintiffs concede these claims should be dismissed given the prior order and lack of new allegations, so dismissal is without leave to amend. 2. Jamari Allen’s Section 1983 claims alleging violations of the Fourteenth Amendment’s Equal Protection Clause and right to privacy are not dismissed. First, Wenger argues that Allen hasn’t made sufficient allegations of racial animus because Wenger never texted a racial epithet. As the prior Order denying Wenger’s second…