Chavez

Chavez v. City of San Jose

Good Law
United States District Court, Northern District of CaliforniaFebruary 3, 20255:24-cv-06378California2,459 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

AMANDA G CHAVEZ, Case No. 24-cv-06378-NC Plaintiff,

ORDER GRANTING

v. DEFENDANTS’ MOTION TO

DISMISS WITH LEAVE TO

CITY OF SAN JOSE, et al., AMEND Defendants. Re: ECF 14 15 16 This case arises from the alleged physical assault of Plaintiff Amanda G. Chavez by Defendant Officer Bryce Gingery during Plaintiff’s arrest. Plaintiff brings several claims against Defendants City of San Jose, Bryce Gingery, and Does 1 through 10 under 42 U.S.C. § 1983. Defendants move to dismiss the Second and Third Causes of Action of the First Amended Complaint (FAC) as to municipal liability for failure to train and ratification, as well as any claims asserted against Does 1 through 10 under Federal Rule of Procedure 12(b)(6). For the following reasons, Defendants’ motion to dismiss is GRANTED with leave to amend. I. BACKGROUND Plaintiff’s FAC alleges the following facts. Prior to being arrested by Officer Gingery,…

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