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 et al., 14 Defendants.

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

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

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

No. 16.)

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

GRANTS the Coun ty’s motion in part, and DENIES it in part. BACKGROUND Plaintiff Timothy McDowell was hired as a correctional officer for the Lassen County Sheriff’s Office in July 2016. (Second Am. Compl. (“SAC”) (ECF No. 14) ¶ 11.) 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…