Johnson v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 KYLE JOHNSON, Case No. 21-cv-01849-BLF
Plaintiff,
ORDER DENYING PARTIAL MOTION
v. TO DISMISS SECOND AMENDED
COMPLAINT
CITY OF SAN JOSE, et al.,
Defendants.
12 Plaintiff Kyle Johnson alleges that he was seriously injured when Officer James Adgar of the San Jose Police Department fired a less lethal projectile weapon at him during the George Floyd protests in San Jose, California on May 30, 2020. Johnson brings his lawsuit against the City of San Jose (“the City”), Officer Adgar, and other unnamed police officers, asserting claims for battery and negligence and violations of 42 U.S.C. § 1983 and the California Bane Act. Defendants moved to dismiss the first amendment claim against Officer Adgar and the 42 U.S.C. § 1983 claim against the City. ECF No. 74 (“MTD”); see also ECF No. 80 (“Reply”). Johnson opposes the motion. ECF No. 79 (“Opp.”). The Court held a hearing on the…