Baidan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 OREST BAIDAN, Case No. 24-cv-03171-VKD

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. PARTIAL MOTION TO DISMISS

WITH LEAVE TO AMEND

JACOB SHULL, Re: Dkt. No. 13 Defendant.

13 Plaintiff Orest Baidan brings this action against defendant Jacob Shull, an officer of the Mountain View Police Department, asserting violations of his civil rights, pursuant to 42 U.S.C. § 1983, for excessive force in violation of the Fourth Amendment (claim 1), and unlawful arrest in violation of the Fourth Amendment (claim 2). Dkt. No. 1 ¶¶ 8-11. Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Officer Shull moves to dismiss Mr. Baidan’s unlawful arrest claim for failure to state a claim. Dkt. No. 13. He does not challenge Mr. Baidan’s first claim for excessive force under Rule 12(b)(6). Id. Mr. Baidan opposes Officer Shull’s partial motion to dismiss. Dkt. No. 18. The Court finds this matter…