Mehta

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NEEL MEHTA, Case No. 23-cv-03193-PCP

8 Plaintiff,

ORDER GRANTING IN PART AND

9 v. DENYING IN PART DEFENDANTS’

MOTION TO DISMISS

10 CITY OF SUNNYVALE, et al., Re: Dkt. No. 20 Defendants. 11

12 13 Plaintiff Neel Mehta filed this civil rights lawsuit against defendants City of Sunnyvale and 14 Officers Ryan Perry, Justin Shonley, and Kelly Nguyen of the Sunnyvale Police Department. 15 Defendants now move to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). 16 For the following reasons, the Court grants in part and denies in part defendants’ motion. 17 BACKGROUND 18 Mr. Mehta alleges that in March 2021, his wife Ilse Mehta called the Sunnyvale Police 19 Department (PD) after Mr. Mehta had threatened to harm himself. Officer Perry arrived at the 20 scene and hospitalized Mr. Mehta for one night, finding him to be in need of medical assistance. 21 In November 2021, Mr. Mehta called the Sunnyvale PD reporting that…