EP.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 E.P., a minor, by and through his guardian ad Case No. 1:23-cv-01724-JLT-CDB litem, Michel Hernandez-Disla, 12 ORDER DENYING DEFENDANTS’ Plaintiff, PARTIAL MOTION TO DISMISS 13 v. (Doc. 18) 14

TEHACHAPI UNIFIED SCHOOL DISTRICT

15 and JASON GRIMES, 16 Defendants. 17 18 In this disability civil rights action, Plaintiff alleges a former Tehachapi Unified School 19 District special education teacher subjected him to verbal and physical abuse. Pending is 20 Defendants’ partial Motion to Dismiss (Doc. 18), which seeks dismissal of the third cause of 21 action under the Bane Act. For the reasons set forth below, the Court DENIES Defendants’ 22 motion. 23 I. BACKGROUND 24 E.P. is a ten-year-old student who attends Tompkins Elementary School within the TUSD. 25 (Doc. 1 at ¶¶ 6, 7, 15.) E.P. has several intellectual and behavioral disabilities arising out of his 26 autism diagnosis, including “significant challenges with communication, social…