Floyd

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL DEVIN FLOYD, Case No. 22-cv-00751-WHO

Plaintiff,

ORDER GRANTING MOTIONS TO

v. DISMISS IN PART AND STAYING

CASE

SAN JOSE POLICE DEPARTMENT, et al., Re: Dkt. Nos. 15, 34, 35, 46, 47 Defendants.

INTRODUCTION Plaintiff Michael Devin Floyd brings this action arising from alleged excessive force and other constitutional violations occurring during his arrest in San Jose while the criminal case against him is pending. Younger abstention applies and I must enter a stay so that I do not interfere with the state proceeding. In addition, some of the claims against the State of California and the Attorney General must be dismissed with prejudice in accordance with existing law and precedent because they are futile. BACKGROUND Floyd was pulled over in his car by officers of the San Jose Police department on August 18, 2021. First Amended Complaint (“FAC”), Dkt. No. 14 at 2. He…