Promise Public Schools, Inc. v. San Jose Unified School District
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 PROMISE PUBLIC SCHOOLS, INC., Case No. 20-cv-08555-CRB
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS
SAN JOSE UNIFIED SCHOOL DISTRICT, et al.,
Defendants.
Promise Public Schools (Promise) has sued the San Jose Unified School District (SJUSD), SJUSD Superintendent Nancy Albarran, SJUSD Deputy Superintendent Stephen McMahon, and various Doe Defendants for violations of Promise’s constitutional rights under 42 U.S.C. § 1983 and for violations of California law. Defendants have moved to dismiss the case for failure to state a claim. The Court grants in part and denies in part Defendants’ motion to dismiss. Promise’s § 1983 claims are dismissed with leave to amend. I. BACKGROUND A. The Parties Promise is a California non-profit public benefit corporation formed with “the purpose of operating high performing public charter schools serving disadvantaged …