Chung

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL CHUNG, Case No. 21-cv-07583-WHO

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

COUNTY OF SANTA CLARA, et al., Re: Dkt. No. 48 Defendants.

12 Defendants Santa Clara County (“the County”) and Jeffrey Rosen, the County’s district attorney (collectively, “the defendants”), again move to dismiss this section 1983 lawsuit brought by former deputy district attorney Daniel Chung, who alleges that his First Amendment rights were violated when he was retaliated against after writing an opinion piece that was published in a local newspaper. The motion to dismiss is GRANTED in part and DENIED in part with leave to amend. Chung has adequately alleged that he spoke as a private citizen rather than a public employee—at least to survive the motion to dismiss. But he has not sufficiently pleaded the claim against either defendant. Chung did not show a custom, policy, or practice to establish Monell liability…