The Estate of Demetrius Stanley v. City of San Jose

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 THE ESTATE OF DEMETRIUS Case No. 22-cv-03000-VKD STANLEY, et al., 9 Plaintiffs, ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ v. MOTION TO DISMISS COMPLAINT 11 CITY OF SAN JOSE, et al., Re: Dkt. No. 10 12 Defendants.

13 This action arises out of a May 31, 2021 deadly encounter between San Jose police officers and the target of an arrest warrant they were surveilling. Plaintiff Mimi Lebreton sues for herself and on behalf of the estate of her son, decedent Demetrius Stanley, asserting civil rights violations pursuant to 42 U.S.C. § 1983, as well as several state law claims for relief. The defendants are the City of San Jose (“City”) and Officers Anthony Baza and Hans Jorgenson. Defendants now move pursuant to Rule 12(b)(6) to dismiss all claims for relief. In addition, defendants move to dismiss the claims against Officer Baza on the ground that he is entitled to…