Harper
Harper v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 TIMOTHY HARPER, Case No. 21-cv-00519-BLF
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART MOTION TO
DISMISS WITH LEAVE TO AMEND
CITY OF SAN JOSE, et al., IN PART Defendants. [Re: ECF No. 20]
12 Before the Court is a partial motion to dismiss filed by Defendants City of San Jose, Edgardo Garcia, Jason Dwyer, Christopher Sciba, and Jared Yuen. ECF No. 20 (“Motion”); see also ECF No. 28 (“Reply”). Plaintiff Timothy Harper opposes the Motion. ECF No. 21. For the reasons stated on the record at the hearing on December 9, 2021, and briefly explained below, the Motion is GRANTED IN PART with leave to amend in part and DENIED IN PART. “A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted ‘tests the legal sufficiency of a claim.’” Conservation Force v. Salazar, 646 F.3d 1240,…