Huffman

Huffman v. Fiola

Good Law
850 F. Supp. 833·1994 WL 143230·1994 U.S. Dist. LEXIS 9756
United States District Court, Northern District of CaliforniaApril 6, 1994C 93-20555 JWCalifornia2,485 words

Opinion

Opinion

Ware, J.

ORDER PARTIALLY DISMISSING CLAIMS AND FOR SERVICE

Plaintiff, Susan Huffman, has filed a pro se civil rights complaint against Defendants pursuant to 42 U.S.C. § 1983 . She also seeks to proceed in fonna pauperis.

I. BACKGROUND

A. November 19, 1993 Order

In its November 19, 1993 Order, the Court found Plaintiff stated cognizable claims against Defendants Fióla, Dalton and Lizarraga for violation of her Fourth and Eighth Amendment rights. The Court 1) dismissed Plaintiffs deprivation of property claim, 2) dismissed her access to the law library claim and 3) dismissed the County of Monterey and the Sheriffs Department as defendant. The Court granted Plaintiff leave to amend on these claims. Moreover, the Court dismissed additional claims without leave to amend. The Court received an amended complaint on December 28, 1993 in which Plaintiff submitted new claims against additional defendants.

1. Sufficiency of Amended Complaint

The Court dismissed Plaintiffs deprivation of property claim but granted leave to amend with respect to the nature of the property confiscated and the circumstances under which it was taken. Plaintiff has failed to amend the complaint to allege these…

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