Khan

INTRODUCTION

15 Plaintiff David Khan raises claims against roughly 25 defendants who he alleges 16 violated his federal constitutional rights when they falsely arrested him. His 42 U.S.C. § 17 1983 complaint containing these allegations is now before me for review pursuant to 28 18 U.S.C. § 1915A(a). When liberally construed, Khan has stated claims against Daly City 19 police officers Baroni, Tualaulelei, and Ortega for violating his due process and Fourth 20 Amendment rights. 21 All other claims and defendants are DISMISSED. Khan names many defendants, 22 but has provided specific factual allegations against only a few. In addition, his claim of 23 excessive bail cannot proceed; bail is set by the court and the court is immune from suit. 24 His Fifth Amendment claim is conclusory and his allegations are best seen as falling under 25 due process and the Fourth Amendment. His equal protection claim is not distinguishable 26 from his due process and Fourth Amendment claims. His claims against the San Mateo 27 district attorney and his court-appointed defense counsel cannot proceed because such persons are immune from suit under section 1983. His claim of a conspiracy…