Rodriguez

Rodriguez v. California Highway Patrol

Good Law
89 F. Supp. 2d 1131·2000 WL 286929·2000 U.S. Dist. LEXIS 3062
United States District Court, Northern District of CaliforniaMarch 13, 2000C 99 20895 JF EAICalifornia6,052 words

Opinion

Opinion

Fogel, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS, DENYING MOTION TO SEVER PLAINTIFFS AND/OR STRIKE CLASS ACTION ALLEGATIONS AND DENYING MOTION TO STRIKE PORTIONS OF PLEADING

This case presents a broad, vigorously disputed challenge to an alleged law enforcement practice known as racial profiling. Defendants have filed three motions directed at the pleadings: (1) a motion to dismiss the First Amended Complaint; (2) a motion to sever plaintiffs and/or strike Plaintiffs’ class action allegations; and (3) a motion to strike certain portions of the First Amended Complaint. Plaintiffs oppose the motions. The Court has read the moving and responding papers and has considered the oral arguments of counsel presented on February 18, 2000. For the reasons set forth below, the motion to dismiss will be granted in part and denied in part, and the motion to sever plaintiffs and/or strike the class action allegations and the motion to strike portions of the First Amended Complaint will be denied.

I. BACKGROUND

Plaintiffs’ First Amended Complaint alleges that Defendants maintain a policy, pattern and practice of targeting African-Americans and Latinos in conducting stops,…

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