Brasley

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KEVIN BRASLEY, et al., No. 2:20-cv-01967-JAM-CKD Plaintiffs, v. ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS

CITY OF STOCKTON, et al., Defendants. 16 This Court has previously stated that it “does not take lightly that ‘[o]ur country is now in the midst of a serious examination of the violations of due process and equal protection rights of Black Americans’” and has recognized that “the burden of aggressive and intrusive police action falls disproportionately on African-American . . . males.” Weaver v. City of Stockton, 2020 WL 5763763 at *6 (E.D. Cal. Sept. 28, 2020) (internal citations omitted). Yet, the Court also acknowledged in Weaver that what may shock the Country’s conscience – “to have Black Americans singularly threatened with grave bodily injury . . . [by] police who are charged to protect and serve all Americans” – does not always shock the conscience by substantive due process standards. Id. …