Rosalina Calonge v. City of San Jose

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 7 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROSALINA CALONGE, an individual and No. 22-16495 successor in interest to Francis Calonge, deceased, D.C. No. 5:20-cv-07429-NC

Plaintiff-Appellant,

MEMORANDUM*

v.

CITY OF SAN JOSE, a municipal public entity; EDWARD CARBONI, an individual,

Defendants-Appellees,

and

FRANCISCO CALONGE, Nominal Defendant,

Defendant.

Appeal from the United States District Court for the Northern District of California Nathanael M. Cousins, Magistrate Judge, Presiding

Argued and Submitted November 17, 2023 San Jose, California

Before: MURGUIA, Chief Judge, and PAEZ and FRIEDLAND, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In a concurrently filed opinion we hold that Officer Carboni is not entitled to

qualified immunity on Ms. Calonge’s Fourth Amendment claim. In this

memorandum disposition we address Ms. Calonge’s Fourteenth Amendment claim

against Officer…