Terance Frazier v. City of Fresno

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TERRANCE FRAZIER, et al., No. 1:20-cv-01069-DAD-SAB Plaintiffs, v. ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

CITY OF FRESNO, et al., MOTION TO DISMISS Defendants. (Doc. No. 6) 16 17 This matter is before the court on defendants’ motion to dismiss plaintiffs’ complaint pursuant to Federal Civil Procedure Rules 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. (Doc. No. 6.) Pursuant to General Order No. 617 addressing the public health emergency posed by the COVID-19 pandemic, defendants’ motion was taken under submission on the papers. (Doc. No. 7.) For the reasons set forth below, the court will grant in part and deny in part defendants’ motion to dismiss.

The undersigned apologizes for the excessive delay in the issuance of this order. This court’s overwhelming caseload has been well publicized and the long-standing lack…