Sanchez
Sanchez v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EDGAR SANCHEZ, Case No. 20-cv-05919-JD
Plaintiff,
SECOND ORDER RE MOTION TO
v. DISMISS
CITY OF SAN JOSE, et al., Defendants.
Defendant City of San Jose asks to dismiss under Federal Rule of Civil Procedure 12(b)(6) the Sixth Claim against it in the Second Amendment Complaint (SAC) for a violation of the Americans with Disabilities Act (ADA), 42 U.S.C.§ 12101 et seq. Dkt. No. 44 (SAC); Dkt. No. 45 (motion to dismiss). The Court dismissed the ADA claim in the original complaint with leave to amend. Dkt. No. 32 at 2. Dismissal is granted. The SAC does not remedy the pleading shortfall discussed in the prior order. To be sure, the ADA may apply to arrests in some situations. See Sheehan v. City & Cty. of San Francisco, 743 F.3d 1211, 1232 (9th Cir. 2014). Specifically, the police may be liable under the ADA when they “fail to reasonably accommodate [a] person’s disability in the course of investigation or …