Chung

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

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

COUNTY OF SANTA CLARA, et al., Re: Dkt. No. 72 Defendants.

12 Former deputy district attorney Daniel Chung 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. In this third motion to dismiss, defendant County of Santa Clara (“the County”) again attacks his 42 U.S.C. § 1983 claim, arguing that he has not adequately alleged Monell liability. I agree with the County that Chung has not plausibly pleaded a longstanding custom or practice, that Rosen had final policymaking authority over employee discipline, or that the County delegated to Rosen such authority. Accordingly, Chung cannot establish liability under Monell and the County’s motion is GRANTED with prejudice. BACKGROUND On February 14, 2021, Chung,…