G.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AUDREY G., et al., Case No. 21-cv-03545-WHO

Plaintiffs,

ORDER DENYING MOTION TO

v. DISMISS THIRD AMENDED

COMPLAINT

CITY OF LAFAYETTE, et al., Re: Dkt. No. 39 Defendants.

12 Defendants officer Kevin White, the City of Lafayette, and Contra Costa County (collectively, “the defendants”) again seek to dismiss the claims brought by plaintiffs Audrey G., Devin G., Jesse B., and James Larry Benton, Sr., (collectively, “the plaintiffs”). Defendants’ motion to dismiss the Third Amended Complaint (“TAC”) is DENIED. As I previously held, the plaintiffs have sufficiently pleaded a section 1983 claim arising under the Equal Protection Clause; it is not barred by qualified immunity because the alleged, extreme discriminatory conduct would be obviously unconstitutional. It is clearly established that police officers cannot treat people differently based on their race. Plaintiffs have also adequately alleged a due process-based section 1983 claim…