Ramirez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 NICHOLAS RAMIREZ, Case No. 21-cv-08127-VKD

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS'

SECOND MOTION TO DISMISS

CITY OF SAN JOSE, et al., Re: Dkt. No. 29 Defendants.

13 Plaintiff Nicholas Ramirez sues the City of San Jose and several San Jose Police Department (“SJPD”) Officers for alleged violations of his federal constitutional and statutory rights. After the Court dismissed his first amended complaint (Dkt. No. 26), Mr. Ramirez filed a second amended complaint asserting claims against only defendant Officer Mendez and the City of San Jose (Dkt. No. 28). Mr. Ramirez also asserts several state law claims. Defendants move to dismiss all but one of Mr. Ramirez’s claims in the second amended complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Officer Mendez also argues that he is entitled to qualified…