(PC) Rajagopal v. Modesto Police Department

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GOPI RAJAGOPAL, No. 2:23-cv-2967 DAD SCR P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MODESTO POLICE DEPT., et al., Defendants. 16 Plaintiff, a county inmate proceeding pro se, filed this civil rights action under 42 U.S.C. §1983. Before the court is plaintiff’s first amended complaint for screening. For the reasons set forth below, the undersigned recommends this case be dismissed because defendants are immune from suit under §1983 and because abstention is appropriate pursuant to Younger v. Harris, 401 U.S. 37 (1971). SCREENING I. Legal Standards The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. §1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail…