Lee v. City of San Jose

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JIMMY K LEE, Case No. 23-cv-00778-BLF

Plaintiff, ORDER GRANTING IN PART WITH

LEAVE TO AMEND, GRANTING IN

v. PART WITHOUT LEAVE TO AMEND,

AND DENYING IN PART

CITY OF SAN JOSE, et al., DEFENDANTS’ MOTION TO DISMISS Defendants. Re: ECF No. 11

This action arises out of an altercation in a Home Depot parking lot that led to Plaintiff Jimmy K. Lee’s (“Plaintiff”) arrest. Plaintiff, proceeding pro se, asserts claims against Defendants City of San Jose (the “City”) and San Jose police officer Michael Roberson (“Officer Roberson” or “Roberson,” and, with the City, “Defendants”) for false arrest, violation of 42 U.S.C. § 1983, violation of Plaintiff’s Brady rights, and malicious prosecution. Compl., ECF No. 2-4, at 60–100. Presently before the Court is Defendants’ motion to dismiss Plaintiff’s complaint under Rule 12(b)(6) (the “Motion”). See Mot., ECF No. 11. Plaintiff opposes the Motion. See Opp’n, ECF No.…