Opinion
No. C-07-00803 RMW, [Re Docket No. 8, 10].
November 6, 2007
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS/STRIKE
Pro se plaintiff Daniel Ajeigbe is suing defendants Officer Manzur and Officer Rivera, employees of San Jose State University, defendant San Jose State University, defendant San Jose State University Police Department, and defendant San Jose State University Housing Services. Defendants move to dismiss all claims under Fed.R.Civ.P. 12(b)(6) and 4(m). The court has read the moving and responding papers and considered arguments of counsel presented at a hearing on November 2, 2007. The court finds that Ajeigbe's delay in serving the pleadings is excused and that defendants have not been prejudiced by the delay, and hence denies the motion to dismiss on those grounds. The court GRANTS defendants' motion to dismiss for sovereign immunity/failure to state a claim as to all claims except Count V, Ajeigbe's section 1983 claims against Officers Manzur and Rivera. Ajeigbe has adequately alleged the section 1983 claim against the officers in their individual capacity.