Bazurto
Bazurto v. City of Gilroy Police Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 PEDRO BAZURTO, Case No. 21-cv-06829-VKD
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT
CITY OF GILROY POLICE
CITY OF GILROY POLICE DEPARTMENT'S MOTION TO DEPARTMENT, and DOES 1 through 50, DISMISS 12 Defendants. Re: Dkt. No. 5 13 Plaintiff Pedro Bazurto sues the City of Gilroy Police Department (“GPD”), along with unnamed Doe defendants, for alleged constitutional violations under 42 U.S.C. § 1983 and state law torts. Dkt. No. 1, Ex. A. Before the Court is GPD’s motion to dismiss portions of Mr. Bazurto’s complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. No. 5. Having considered the parties’ moving papers and arguments made at the hearing on October 19, 2021, the Court grants in part and denies in part GPD’s motion, without prejudice to Mr. Bazurto filing an amended complaint. I. …