Nguyen

Nguyen v. City Of San Jose

Good Law
United States District Court, Northern District of CaliforniaMarch 29, 20225:21-cv-00092California9,667 words

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…

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