Brown v. Smith

MemoRANdum Opinion and Order

Honorable EDMOND E. CHANG, United States District Judge

Plaintiff David Brown brings this suit [R. 18] under 42 U.S.C. § 1983 against Defendant Edward Smith for alleged violations of Brown’s right to equal protection under the Fourteenth Amendment.1 Smith now moves to dismiss the complaint [R. 23] under Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, Smith’s motion to dismiss is denied.

I. Background

In evaluating this motion to dismiss, the Court accepts Brown’s factual allegations as true and draws reasonable inferences in his favor. Ashcroft…