Unique

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TARRYN UNIQUE, et al., Case No. 22-cv-00711-PCP

8 Plaintiffs,

ORDER DENYING MOTION TO

9 v. DISMISS

10 JOSEPH CLAYBAUGH, et al., Re: Dkt. No. 71 Defendants. 11

12 13 Defendants Joseph Claybaugh and 18 other California Department of Corrections and 14 Rehabilitation (CDCR) employees move to dismiss Tarryn Unique and Miguel White’s complaint. 15 For the reasons that follow, the Court denies Defendants’ motion. 16 BACKGROUND 17 Unique and White are transgender individuals who filed this civil rights lawsuit after 18 allegedly being sexually assaulted and harassed by CDCR staff psychologist Claybaugh on 19 numerous occasions between March and August 2019 while incarcerated at Salinas Valley State 20 Prison (SVSP) in Soledad, California. In March 2020, Unique and White were transferred to the 21 California Institution for Men (CIM) in Chino, California. Unique was then transferred to the 22 Substance Abuse Treatment Facility and State Prison…