Jungers
Jungers v. City of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 JOHN JUNGERS, Case No.: 21-cv-0829 W (MSB)
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS [DOC. 6]
WITHOUT LEAVE TO AMEND
CITY OF SAN DIEGO, et al., Defendants 18 19 Pending before the Court is Defendant County of San Diego’s motion to dismiss the Complaint under Federal Rule of Civil Procedure 12(b)(6). Plaintiff John Jungers opposes the motion. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). For the following reasons, the Court GRANTS the motion to dismiss [Doc. 6] WITHOUT LEAVE TO AMEND. 26 27 28 I. BACKGROUND According to the Complaint, on January 20, 2020, at approximately 7:30 p.m., an unknown bystander called 911 claiming that Plaintiff John Jungers was grabbing a woman by the arm. (Compl. [Doc. 1] ¶ 2.) Approximately twenty-two minutes later, Defendant Police Officers Fernando F. Rincon, Jr.…