Sanderlin

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 DERRICK SANDERLIN, et al., Case No. 20-cv-04824-BLF

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS WITH LEAVE TO AMEND

CITY OF SAN JOSE, et al., IN PART Defendants.

12 The instant action is brought by eight individual Plaintiffs against the City of San Jose and various members of the San Jose Police Department for alleged civil rights violations flowing from protests in San Jose after the death of George Floyd. First Amended Complaint (“FAC”), ECF 38. Before the Court is Defendants’ Motion to Dismiss the FAC pursuant to Fed. R. Civ. P. 12(b)(6). ECF 41. For the reasons stated below and on the record at the June 24, 2021 motion hearing, the Court GRANTS IN PART and DENIES IN PART the motion WITH LEAVE TO AMEND IN PART. “A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted…