(PS) McGuire v. Roseville Joint Union High School District

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DESIREE McGUIRE, et al., Case No. 2:22-cv-00125-TLN-JDP (PS) Plaintiffs, v. FINDINGS AND RECOMMENDATIONS ROSEVILLE JOINT UNION HIGH SCHOOL DISTRICT, et al., 15 Defendants.

17 Plaintiff Cadence DeVault, who was a high school student at the relevant time, and her mother, Desiree McGuire, proceed without counsel in this action under 42 U.S.C. § 1983. The court granted defendants’ first motion to dismiss, ECF No. 6, and dismissed plaintiffs’ original complaint without prejudice, see ECF Nos. 19 & 23. Plaintiffs’ first amended complaint alleges that defendants violated their rights under the Fourth, Fifth, and Fourteenth Amendments, and under several California state laws, by implementing and enforcing a regulation that required students to wear protective face coverings at school during portions of the COVID-19 pandemic. ECF No. 24. Defendants move to dismiss the first amended complaint for failure to state a claim and on the basis of qualified…