Cobine

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS’ MOTION TO DISMISS THE FIRST AMENDED COMPLAINT

Now before the Court is the motion filed by the City of Eureka, the Eureka Police Department and Andrew Mills, Chief of Police (“collectively “Eureka”) to dismiss the first amended complaint for injunctive and declaratory relief pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Having carefully reviewed the parties’ papers, considered their arguments and the relevant legal authority, the Court HEREBY DENIES and GRANTS IN PART the motion to dismiss.

The first amended complaint was filed by eleven homeless individuals in the City of Eureka, individually and now on behalf of all others similarly situated. Originally, the complaint was filed by plaintiffs Stacy Cobine, Nanette Dean, Christina Ruble, Lloyd Parker, Gerrianne Schulze, Sarah Hood, Aaron Kangas, Lynette Vera, Aubrey Short, Marie Anntonette Kinder, and John Travis (collectively “Plaintiffs”) in tandem with a motion for a temporary retraining order (“TRO”) seeking to enjoin Eureka from removing the homeless individuals and their belongings from an encampment…