McGee
McGee v. Alameda County Sheriff Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANTHONY MCGEE, Case No. 24-cv-00949-JD
Plaintiff,
ORDER RE DISMISSAL
v.
ALAMEDA COUNTY SHERIFF
DEPARTMENT,
11 Defendant.
12 In this pro se lawsuit under 42 U.S.C. § 1983, plaintiff McGee alleges that on January 31, 2024, he was unlawfully arrested and “assaulted [by Alameda County deputies] without reasonable suspicion or probable cause.” Dkt. No. 1. A magistrate judge granted McGee leave to proceed in forma pauperis. Dkt. No. 5. McGee filed a similar lawsuit against the City of Palo Alto for false arrest, which the Court dismissed. See McGee v. City of Palo Alto et al, Case No. 23-cv-02113-JD (Dkt. No. 22). Dismissal was warranted because the complaint indicated that criminal proceedings were pending against McGee, which could affect the Section 1983 claims he alleged. Id. at 2 (citing Davis v. Suhr, No. 16-cv-04487-JD, 2017 WL 475289, at *2 (N.D. Cal. Feb. 6, 2017); Wallace v. Kato, 549 U.S. 384, 393-94 (2007); Heck v. Humphrey, 512 U.S. 477, 484-87…