Millan
Millan v. Santa Clara PD
Opinion
Trial Court Opinion
I. BACKGROUND
Millan claims that officers entered his home without a warrant and illegally searched his home. (Compl. at 4, 5.) During the search, he was allegedly subject to unnecessary and excessive force. (See id.) His property was allegedly improperly confiscated. (Dkt. No. 8.) Following the search, Millan was arrested and charged with a crime. (Compl. at 5 (stating that “fake charges” were filed against him).) He currently is in custody on these charges. (Id. at 1.) Millan represents that he has been in custody for one year. (Dkt. No. 9.) Santa Clara County Superior Court records show that Millan was indicted on February 26, 2024. See Docket, People v. Millan, Case No. C2402816 (Santa Clara Cty. Super. Ct.). In the Complaint, Millan seeks $100,000 in damages. (Compl. at 5.) In a letter to the Court, Millan says he “need[s] to get home.” (Dkt. No. 9.)
II. LEGAL STANDARD
Federal courts must screen any case in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must identify cognizable claims and dismiss claims that are frivolous, malicious, fail to state a claim upon which relief…