Calderon

Calderon v. City of San Jose

Good Law
United States District Court, Northern District of CaliforniaJuly 26, 20245:24-cv-00289California4,805 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ALEJANDRO CALDERON, Case No. 24-cv-00289-VKD

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS WITH LEAVE

TO AMEND

CITY OF SAN JOSE, et al., Re: Dkt. No. 32 Defendants.

13 Plaintiff Alejandro Calderon brings this action against defendants the City of San Jose (“City”) and Officer Jorge Rodriguez-Martinez. Dkt. No. 10. The amended complaint asserts violations of the First and Fourth Amendments under 42 U.S.C. § 1983 as well as related state claims. Defendants move to dismiss the amended complaint under Rule 12(b)(6) for failure to state a claim and they assert that Officer Rodriguez is entitled to qualified immunity. Dkt. No. 32. Mr. Calderon opposes the motion. Dkt. No. 36. The Court held oral argument on the motion on July 23, 2024. Dkt. No. 38. Upon consideration of the moving and responding papers, and the parties’ arguments at the hearing, the Court grants…

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