Lovell

Lovell v. Sanchez

Good Law
United States District Court, Northern District of CaliforniaJuly 8, 20243:24-cv-02071California1,415 words

Opinion

Trial Court Opinion

INTRODUCTION

14 Plaintiff David Anthony Lovell alleges that a sheriff’s deputy violated his Eighth 15 Amendment rights during a body search. His 42 U.S.C. § 1983 complaint containing these 16 allegations is now before me for review pursuant to 28 U.S.C. § 1915A(a). 17 Lovell has stated claims Eighth Amendment claims of excessive force and sexual 18 assault against Lieutenant Taylor at the Santa Rita Jail. Taylor is directed to file in 19 response to the complaint a dispositive motion, or a notice regarding such motion, on or 20 before November 1, 2024. All other claims and defendants are DISMISSED. 21 No hearing will be held on any motion unless I specifically order one.

DISCUSSION

23 A. Standard of Review 24 A federal court must conduct a preliminary screening in any case in which a 25 prisoner seeks redress from a governmental entity or officer or employee of a 26 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any 27 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune from such relief. See…

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