Sanchez
Sanchez v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EDGAR SANCHEZ, Case No. 20-cv-05919-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v.
CITY OF SAN JOSE, et al., Defendants.
12 For defendants’ motion to dismiss the complaint, Dkt. No. 1, under Federal Rule of Civil Procedure 12(b)(6), Dkt. No. 18, the parties’ familiarity with the record is assumed. The Court has detailed the well-established standards for a Rule 12(b)(6) motion in other orders and incorporates them here. See Escobar-Lopez v. City of Daly City, ___ F. Supp. 3d ___, No. 20-cv- 01781-JD, 2021 WL 1109911, at *3 (N.D. Cal. Mar. 23, 2021). The motion is granted and denied in part. 1. Chief Garcia: All of the claims against Chief Garcia are dismissed. A defendant is liable under Section 1983 only for his or her own conduct. Escobar-Lopez, 2021 WL 1109911, at *3 (citing Ashcroft v. Iqbal, 556 U.S. 662, 677 (2009)). The complaint does not allege any involvement by Chief Garcia in the October 2019 incident. In addition, Section 1983 liability…