(PC) Brookshire v. Sacramento County Sheriff's Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY JAMES BROOKSHIRE, No. 2:23-cv-2001 CSK P Plaintiff, v. ORDER SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, et al., 15 Defendants. 16 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 U.S.C. § 1983. On February 6, 2024, the court dismissed plaintiff’s complaint with leave to amend. (ECF No. 7.) Plaintiff’s first amended complaint is before the court. (ECF No. 9.) Plaintiff alleges that he was subjected to the use of excessive force during his arrest on May 31, 2023, in violation of the Fourth and Eighth Amendments, and his right to equal protection. Plaintiff’s first amended complaint included no facts supporting a claim under the Equal Protection Clause of the Fourteenth Amendment. Such claim is dismissed with leave to amend.

The Equal Protection Clause of the Fourteenth Amendment provides that “[n]o state shall . . . deny to any person within its jurisdiction the equal protection of the…