Prado

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 MOTION TO

DISMISS SECOND AMENDED

CITY OF BERKELEY, COMPLAINT

Defendant. Docket No. 124 12 I. INTRODUCTION This case concerns Defendant City of Berkeley’s (the “City” or “Berkeley”) treatment of unhoused individuals with disabilities. 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 seizures of personal property, the Americans with Disabilities Act (“ADA”), the Fair Housing Amendments Act (“FHAA”), and Plaintiffs’ due process rights by placing them in a state-created danger. Plaintiffs also assert analogous claims under state law where applicable. Previously, the Court granted in part and denied in part Defendant’s motion to dismiss Plaintiffs’…