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. MOTION TO DISMISS UNLAWFUL

ARREST CLAIM IN AMENDED

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

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. Dkt. No. 1. In his original complaint, Mr. Baidan asserted two claims against Officer Shull: (1) use of excessive force in violation of the Fourth Amendment, and (2) unlawful arrest in violation of the Fourth Amendment. Id. On August 8, 2024, Officer Shull moved to dismiss Mr. Baidan’s second claim for unlawful arrest pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure but did not challenge Mr. Baidan’s excessive force claim. Dkt. No. 13. The Court …