Railroad 1900, LLC v. City of Sacramento

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 RAILROAD 1900, LLC, a Delaware No. 2:21-cv-01673-WBS-DB limited liability company, 13 Plaintiff, ORDER RE: MOTION TO DISMISS v. 15 CITY OF SACRAMENTO, a municipal entity, Defendant. 18 ----oo0oo---- This action brought under 42 U.S.C. § 1983 challenges the City of Sacramento’s alleged failure to enforce anti-camping and other ordinances against homeless individuals in the area surrounding plaintiff’s property. (Compl. (Docket No. 1).) Plaintiff brings federal claims alleging violation of due process (count one), violation of equal protection (count two), state- created danger (count three), uncompensated taking (count four), and municipal liability (count five), in addition to five causes 28 of action under California law. (Id.)1 I. Due Process Claim “Article III of the [United States] Constitution confines the federal courts to adjudicating actual ‘cases’…