Timothy L. Whiting v. Department of the California Highway Patrol

I. INTRODUCTION AND BACKGROUND

The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. On December 21, 2018, plaintiff Timothy L. Whiting, proceeding pro se and in forma pauperis, filed suit against the California Highway Patrol (“CHP”), CHP Commissioner Warren A. Stanley, Captain Mike Alvarez, Sergeant Sigifredo Ceballos, and Doe defendants (collectively, “defendants”), alleging claims arising from Ceballos’ stopping his patrol car in front of plaintiff while plaintiff was parked at a rest stop. Dkt. 1. On February 24, 2020, plaintiff filed a second amended complaint (“SAC”) alleging: (1) an unlawful seizure in violation of the Fourth and Fourteenth Amendments (Claim One); (2) racial profiling in violation of the Fourteenth Amendment (Claim Two); (3) a “class of one” equal protection claim (Claim Three); (4) supervisory liability claims against Alvarez and Stanley (Claims Four and Five); (5) retaliation (Claim Six); (6) racial discrimination in violation of 42 U.S.C. § 1981 and Title VI of the Civil Rights Act of 1964, 41 U.S.C. § 2000d (Claims Seven and Eight): (7) an…