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1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 KENNETH WAYNE PRICE, Case No. 24-cv-08033-JSC

Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS

TAMALPAIS UNION HIGH SCHOOL Re: Dkt. No.

DISTRICT,

9 Defendant.

10 In November 2024, Plaintiff filed suit in this Court alleging federal question jurisdiction. (Dkt. No. 1 ¶ 14.) Plaintiff’s complaint alleges five causes of action: two federal claims under 42 U.S.C. § 1983, two state law claims alleging discrimination and failure to prevent discrimination 14 in violation of California Government Code §12940, and one claim alleging fraudulent 15 concealment. (Id. at 20-23.) 16 Defendant moves to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 17 (Dkt. No. 11.) Defendant argues the federal claims under 42 U.S.C. § 1983 cannot be raised in 18 federal court as Defendant, a school district, is immune under the Eleventh Amendment. Because 19 the federal question claims must be dismissed and Plaintiff’s remaining claims allege violations of…