Nguyen
Nguyen v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DAI TRANG THI NGUYEN, Case No. 5:21-cv-00092-EJD
Plaintiff, ORDER GRANTING CITY OF SAN
JOSE’S MOTION TO DISMISS WITH
v. LEAVE TO AMEND
CITY OF SAN JOSE, et al., Re: Dkt. No. 30, 47 Defendants.
Plaintiff Dai Trang Thi Nguyen brings this action against Defendants City of San Jose (“the City”), William Gerry, and Does 1-100 for violation of her Fourteenth Amendment rights to due process and equal protection under 42 U.S.C. § 1983. Compl., Dkt. No. 1. The City now moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the claims against it based on municipal liability under Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 691 (1978). The Court heard oral argument on the motion on August 21, 2021. Dkt. No. 44. Having considered the parties’ written submissions and arguments made at the hearing, the Court GRANTS the City’s motion to dismiss the claims…