Silva

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 JOHNATHON SILVA, Case No. 5:21-cv-02639-EJD

Plaintiff, ORDER GRANTING MOTION TO

DISMISS

v.

CITY OF LOS GATOS, et al., Re: Dkt. No. 12 Defendants.

Plaintiff Johnathon Silva (“Silva”) is a former peace officer for Defendant City of Los Gatos (“the City”). Silva initiated this suit against the City and others after the City terminated his employment. He asserts a single claim under 42 U.S.C. § 1983 for violation of his substantive due process rights under the Fourteenth Amendment. Defendants the City and Chief of Police Peter Decena (“Decena”) move to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 12. Plaintiff filed an opposition to the motion (Dkt. No. 15), and Defendants filed a reply (Dkt. No. 16). The motion was heard on December 2, 2021. For the reasons stated below, Defendants’ motion to dismiss is GRANTED. I. BACKGROUND1 In…