Brown

Brown v. City of Fresno

Good Law
United States District Court, Eastern District of CaliforniaFebruary 14, 20241:22-cv-00216California618 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 10 LEWIS DEWANE BROWN, No. 1:22-CV-00216-JLT-SAB 11 Plaintiff, ORDER HOLDING PENDING MOTIONS TO DISMISS IN ABEYANCE PENDING THE v. SUPREME COURT’S RULING IN GRANTS PASS, OR V. JOHNSON CITY OF FRESNO, et al, 14 Defendant.

16 The Court has preliminarily evaluated the pending motions to dismiss (Docs. 16, 31) and 17 the parties’ input regarding whether the recent grant of certiorari in Grants Pass, OR v. Johnson, 18 No. 23-175, 2024 WL 133820 (U.S. Jan 12, 2024), warrants the Court holding any aspects of the 19 pending motions in abeyance (Doc. 46). Plaintiff requests that the Court hold the motions in 20 abeyance, pointing out that the Fifth, Seventh, Eighth, Fourteenth, and/or Fifteenth causes of 21 action rely at least in part on Martin v. City of Boise, 920 F. 3d 584 (9th Cir. 2019), the 22 underlying decision extended by the district and appellate courts in Grants Pass. (Doc. 46 at 2.) 23 Defendants disagree, arguing that Grants Pass “is only applicable in this case if the…

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