McKenzie v. City of Milpitas

AMENDED ORDER FOR PUBLICATION

AGUILAR, District Judge.

INTRODUCTION

Defendants, the City of Milpitas (“the City”) and Milpitas Police Chief Frank Acosta (“Chief Acosta”) bring this motion to dismiss, or, alternatively, for summary judgment, based on their allegations that plaintiffs have not stated actionable claims under 42 U.S.C. §§ 1981 and 1983, and that the evidence demonstrates that neither the City nor Chief Acosta violated plaintiffs’ constitutional rights. City police officers were dispatched to plaintiffs’ residence following a citizen’s report of a possible domestic disturbance. A…