Berry

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 BRYANNA BERRY, Case No. 21-cv-08436-VKD

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS'

MOTION TO DISMISS FIRST

CITY OF SAN JOSE, et al., AMENDED COMPLAINT Defendants. Re: Dkt. No.

13 Plaintiff Bryana Berry filed this civil rights action pursuant to 42 U.S.C. § 1983, claiming that defendants City of San Jose (“City”) and San Jose Police Officer Lindsay Parodi violated her civil rights. Defendants now move pursuant to Rule 12(b)(6) to dismiss the fifth, sixth and seventh claims for relief asserted in Ms. Berry’s First Amended Complaint (“FAC”). The seventh claim for relief is a Monell1 claim asserted against the City. At the April 19, 2022 motion hearing, plaintiffs confirmed that all other claims asserted against the City (i.e., Claims 2 through 6) are based on Monell liability, and the City confirmed that in moving to dismiss Claim…