Johnson v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 KYLE JOHNSON, Case No. 21-cv-01849-BLF
Plaintiff,
ORDER GRANTING IN PART WITH
v. LEAVE TO AMEND IN PART AND
DENYING IN PART MOTION TO
CITY OF SAN JOSE, et al., DISMISS Defendants. [Re: ECF No. 53]
12 Plaintiff Kyle Johnson alleges that he was seriously injured when Officer James Adgar of the San Jose Police Department fired a less lethal projectile weapon at him during the George Floyd protests in San Jose, California on May 30, 2020. Johnson brings his lawsuit against the City of San Jose (“the City”), Officer Adgar, and other unnamed police officers, asserting claims for battery and negligence and violations of 28 U.S.C. § 1983, the California Bane Act, and the California Public Records Act. Defendants have moved to dismiss the First Amended Complaint. ECF No. 53 (“MTD”); see also ECF No. 59 (“Reply”). Johnson opposes the motion. ECF No. 58 (“Opp.”). The…