Davis
Davis v. City of San Jose
Opinion
Lead Opinion
Freeman, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS THIRD AMENDED COMPLAINT
[Re: ECF 33]
In this civil rights lawsuit against individual police officers of the San Jose Police Department, defendants Michael Monto-nye, Tyler Krauel, and Thomas Boyle (collectively “Defendants”) have moved to dismiss the Third Amended Complaint (“TAC”) by plaintiff Anthony Davis for failure to state a claim. 1 Def.’s Mot., ECF 33. On September 18, 2014, the Court heard oral argument on Defendants’ motion. Having considered the parties’ respective written submissions as well as the oral argument of counsel, the Court hereby GRANTS IN PART and DENIES IN PART Defendants’ Motion to Dismiss for the reasons stated herein.
I. BACKGROUND
On June 20, 2014, this Court dismissed Plaintiffs Second Amended Complaint with leave tu amend, finding that Plaintiff had not alleged sufficient facts to suggest a plausible entitlement to relief for his civil rights and tort claims against Defendants and against the City of San Jose. See Order, ECF 31. Plaintiff then filed the TAC before the Court. The. following facts from the TAC are taken as true and viewed in the light most favorable to…