Sears

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Michael Sears, No. 2:22-cv-01624-KJM-KJN Plaintiff, ORDER Vv. City of Oroville, et al., 1S Defendants. 16 Plaintiff Michael Sears, a law enforcement officer, alleges the City of Oroville 18 discriminated against him on the basis of his race, retaliated against him for reporting harassment 19 and corruption, and deprived him of his rights under the Due Process Clause, among other related claims. The City moves to dismiss two of Sears’s claims under Federal Rule of Civil Procedure 12(b)(6). As explained in this order, the motion is granted with leave to amend. 22 I. BACKGROUND At this stage, the court assumes Sears’s allegations are true. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). He alleges he has worked for the City as a law enforcement officer since 25 before 2017. Compl. 6-7, ECF No. 1. He is African American, and since 2018, he has 26 suffered harsh…