McDowell

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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

12 Plaintiff, v. 13 ORDER COUNTY OF LASSEN et al., 14 Defendants. 15

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17 Pending before the Court is a motion brought by Defendant County of Lassen

18 (the “County”) (also sued as County of Lassen Sheriff’s Office) to dismiss claims two

19 through five and seven through nine of Plaintiff’s Second Amended Complaint. (ECF

20 No. 16.)

21 Having considered the Parties’ briefings and arguments, the Court hereby

22 GRANTS the Coun ty’s motion in part, and DENIES it in part. 23 BACKGROUND 24 Plaintiff Timothy McDowell was hired as a correctional officer for the Lassen 25 County Sheriff’s Office in July 2016. (Second Am. Compl. (“SAC”) (ECF No. 14) ¶ 11.) 26 Plaintiff, who is of African American descent, alleges he was frequently subjected to 27 derogatory slurs and offensive use of the “N” word by his supervisor and co-workers, 28 was unfairly targeted for discipline at a…