McDowell

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TIMOTHY MCDOWELL, No. 2:23-cv-01007-DJC-DMC

Plaintiff, v. ORDER

COUNTY OF LASSEN,

14 Defendant.

Pending before the Court is Defendant’s Motion to Dismiss the first cause of

action in Plaintiff’s First Amended Complaint (“FAC”). (ECF No. 5.) A hearing was held

on September 14, 2023, and the matter was submitted. Having considered the

Parties’ briefings and arguments, the Court hereby GRANTS Defendant’s Motion.

Plaintiff is granted leave to amend the FAC within 30 days.

BACKGROUND Plaintiff Timothy McDowell was hired as a correctional officer for the Lassen County Sheriff’s Office in July 2016. (FAC (ECF No. 4) ¶ 9.) Plaintiff, who is of African American descent, alleges he was frequently subjected to derogatory slurs and offensive use of the “N” word by his supervisor and co-workers, was unfairly targeted for discipline at a higher rate than his Caucasian counterparts, and…