Apr 27, 2017

U.S. Judge Jeffrey White granted in part and denied in part a motion to dismiss first amended complaint filed by 11 Palco Marsh "homeless"



On April 25, U.S. Judge Jeffrey White of the Northern District of California granted in part and denied in part the motion to dismiss requested by the City of Eureka and Eureka Police Department in response to the first amendment complaint that was filed by 11 Palco Marsh "homeless" plaintiffs seeking injunctive and declaratory relief.

The ruling is 18 pages.





Excerpt from ruling:

It does not appear from the allegations in the current complaint that a state action is
responsible for the alleged privacy intrusions compelled by the specific restrictions and conditions enforced by the alternative shelters offered to Plaintiffs. It is furthermore unclear whether Plaintiffs
have stated a viable claim for privacy rights in the location, as opposed to the contents, of their temporary abodes. The Court finds, as currently drafted, the allegations in support of Plaintiff’s fourth claim for relief for violation of their privacy rights do not state a claim upon which relief can
be granted under the California Constitution Article 1, Section 1 or the penumbra of rights afforded by the United States Constitution. Accordingly, the Court GRANTS The motion to dismiss the
fourth claim for relief, with leave to amend.

CONCLUSION
For the reasons set forth herein, the Court GRANTS IN PART and DENIES IN PART
Eureka’s motion to dismiss the first amended complaint. The Plaintiffs shall file an amended complaint, if any, within twenty days of the date of this Order. If Plaintiffs file an amended complaint in accordance with this Order, Eureka shall file its response within twenty days of service of the amended complaint.
IT IS SO ORDERED.

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