Lee v. City of San Jose

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

Plaintiff,

ORDER DENYING MOTION TO

v. STRIKE AND GRANTING IN PART

MOTION TO DISMISS

CITY OF SAN JOSE, et al., Defendants. Re: Dkt. No.

12 Pro se plaintiff Jimmy K. Lee is representing himself in this case against the City of San Jose and police officer Michael Roberson. Mr. Lee alleges that he was arrested in December 2019 following an altercation. After the charges against him were dismissed, Mr. Lee brought claims against the City and Officer Roberson for false arrest, violations of 42 U.S.C. § 1983, and malicious prosecution. On August 7, 2023, the Court dismissed several of these claims, some with leave to amend. Mr. Lee then filed the present amended complaint, and Defendants now move to strike portions of the complaint and to dismiss some of his claims. For the reasons that follow, the motion to strike is denied and the motion to dismiss is granted as to all Section…