Baidan

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 OREST BAIDAN, Case No. 24-cv-03171-VKD

9 Plaintiff, ORDER GRANTING DEFENDANT'S 10 v. MOTION TO DISMISS UNLAWFUL

ARREST CLAIM IN AMENDED

11 JACOB SHULL, COMPLAINT 12 Defendant. Re: Dkt. No. 25

13 14 Plaintiff Orest Baidan brings this action against defendant Jacob Shull, an officer of the 15 Mountain View Police Department, asserting violations of his civil rights, pursuant to 42 U.S.C. 16 § 1983.1 Dkt. No. 1. In his original complaint, Mr. Baidan asserted two claims against Officer 17 Shull: (1) use of excessive force in violation of the Fourth Amendment, and (2) unlawful arrest in 18 violation of the Fourth Amendment. Id. On August 8, 2024, Officer Shull moved to dismiss Mr. 19 Baidan’s second claim for unlawful arrest pursuant to Rule 12(b)(6) of the Federal Rules of Civil 20 Procedure but did not challenge Mr. Baidan’s excessive force claim. Dkt. No. 13. The Court 21 …