Roles

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WHERE DO WE GO BERKELEY, et al., Case No. 21-cv-04435-EMC

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS), et al., Docket No. 90 11 Defendants. 12 13 14 Plaintiffs are Where Do We Go Berkeley (“WDWG”), a nonprofit organization, and eleven individuals, a number of which are disabled. They have sued the California Department of Transportation (“Caltrans”) and two of its employees, Dina El-Tawansy (the District Four Director of Caltrans) and Toks Omishakin (a Director of Caltrans). Ms. El-Tawansy is being sued in both her official and individual capacities; Mr. Omishakin is being sued in his official capacity only.1 Plaintiffs allege that Defendants’ attempted closure of homeless encampments along the I-80 corridor has violated their federal and state rights. Plaintiffs bring due process claims for a state- created danger (both federal and state law) as well as claims…