G.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 AUDREY G., et al., Case No. 21-cv-03545-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

CITY OF LAFAYETTE, et al., Re: Dkt. No. 63 Defendants.

11 Defendant Neil Black moves to dismiss a Third Amendment Complaint (“TAC”) filed by plaintiffs Audrey G., Devin. G., Jesse B., and James Larry Benton (collectively, “the plaintiffs”), alleging civil rights violations and other unlawful acts by Black and another police officer as they drove on a highway. Black’s motion is GRANTED: the plaintiffs have not adequately stated section 1983 or state law claims against him. The TAC does not allege the same behavior by Black that was key in allowing the claims to proceed against the other defendants in this case. I will grant the plaintiffs leave to amend the claims asserted against Black, as this is the first time that he has challenged them in this suit and because other allegations may cure these deficiencies. …