Baca

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID ANTHONY BACA, Case No. 22-cv-02461-WHO

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

DISMISS

JONATHAN ANDERSON, et al., Re: Dkt. No. 30 Defendants.

12 INTRODUCTION In the wake of George Floyd’s death, people all over the country attended marches, political rallies, and demonstrations to advocate for social justice and against racial discrimination. Plaintiff David Baca, who attended one such demonstration in San Jose in May 2020, alleges that several officers of the San Jose Police Department assaulted and arrested him during the demonstration as a result of his exercise of his First Amendment rights. Baca brings a host of federal and state law claims against four police officer defendants and the City of San Jose. The defendants moved to dismiss eleven of the thirteen claims in the complaint. For the reasons provided below, Baca has stated a viable First Amendment claim against the…