Weiss

Weiss v. Perez

Good Law
United States District Court, Northern District of CaliforniaOctober 19, 20225:22-cv-00641California4,753 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 ELIZABETH WEISS, Case No. 22-cv-00641-BLF

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS AS TO DEFENDANTS

SUNSERI AND RAGLAND AND

STEPHEN PEREZ, et al., DENYING MOTION TO DISMISS AS

TO ALL OTHER DEFENDANTS

Defendants.

12 In this case, Elizabeth Weiss, a tenured professor of physical anthropology at San Jose State University, alleges that the University has retaliated against her for her speech expressing opposition to repatriation of Native American remains. Weiss brings two claims under 42 U.S.C. § 1983 for violation of her First Amendment rights. Now before the Court is Defendants’ motion to dismiss. MTD, ECF No. 87; Reply, ECF No. 90. Plaintiff opposes the motion. Opp., ECF No. 88. The Court held a hearing on this motion on October 13, 2022. See ECF No. 100. The Court finds that Plaintiff has stated a claim for relief, but two of the Defendants are…

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