Rubalcava

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 LIONEL RUBALCAVA, Case No. 20-cv-04191-BLF

Plaintiff, ORDER (1) GRANTING IN PART AND

DENYING IN PART CITY

v. DEFENDANTS’ MOTION TO

DISMISS, WITH LEAVE TO AMEND;

CITY OF SAN JOSE, et al., AND (2) GRANTING COUNTY

DEFENDANTS’ MOTION TO

Defendants. DISMISS, WITH LEAVE TO AMEND

IN PART AND WITHOUT LEAVE TO

AMEND IN PART

[Re: ECF 57, 60]

14 This action arises out of a tragic miscarriage of justice that resulted in Plaintiff Lionel Rubalcava serving more than seventeen years in prison for a crime he did not commit: the attempted murder of a man named Raymond Rodriguez. Rubalcava’s conviction was vacated in 2019 by the Santa Clara County Superior Court, which also made an express finding of his actual innocence. Rubalcava thereafter filed this suit, claiming that San Jose Police Department 20…