Neaves v. City of San Diego

PAEZ,

concurring in part, dissenting in part.

I concur in Parts I and III of the memorandum disposition. I respectfully dissent, however, from the majority’s decision in Part II to affirm the district court’s summary dismissal of the Neaves’ equal protection claim. Because there are triable issues of fact regarding the defendant officers’ intent, I would reverse the district court’s ruling on this claim and remand for further proceedings.

As noted by the majority, we have recognized an equal protection claim when police officers have allegedly acted with discriminatory intent in refusing to…