Liu

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ZHENG LIU, Case No. 21-cv-01179-JSC

Plaintiff,

ORDER RE: MOTION TO DISMISS

v. 9 Re: Dkt. No. 12 MARCUS TERRY, et al., Defendants.

12 Zheng Liu (“Plaintiff”) brings claims for federal constitutional violations, municipal liability, and state law violations against Officer Marcus Terry, Foster City Police Department (“FCPD”), City of Foster City (“Foster City”) and Does 1-20. After carefully considering the parties’ written submissions and having had the benefit of oral argument on June 17, 2021, the Court DENIES in part and GRANTS in part Defendants’ motion to dismiss. I. Section 1983 Claims Against Officer Terry A. Unconstitutional Search and Seizure – Fourth Amendment 1) Unconstitutional Search Defendants’ motion to dismiss Plaintiff’s Fourth Amendment claim for an unconstitutional search is denied. A search in violation of the Fourth Amendment occurs when the government “physically occupie[s] private property for the purposes…