Walters

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WALTER L. WALTERS, Case No. 19-cv-00702-DMR

8 Plaintiff,

ORDER ON MOTION TO DISMISS

9 v. SECOND AMENDED COMPLAINT

10 COUNTY OF CONTRA COSTA, et al., Re: Dkt. No. 33 11 Defendants.

12 Defendants Contra Costa County (“the County”), Brian Cain, Felicia I. Tornabene, and 13 Angela Prasad move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiff 14 Walter L. Walters’s second amended complaint (“SAC”). [Docket No. 33.] The court held a 15 hearing on September 26, 2019. For the following reasons, the motion is granted in part and 16 denied in part. 17 I. BACKGROUND 18 Plaintiff makes the following allegations in the SAC, all of which are taken as true for 19 purposes of this motion.1 Plaintiff, who is African American, is a licensed physician practicing in 20 the field of anesthesiology. [Docket No. 28 (SAC) ¶¶ 1, 11.] In 2017, he contracted with a 21 temporary staffing agency for placement at health care facilities needing…