Cox

This matter is before the court for consideration of motions of defendants to dismiss, for separate statement and for more definite statement. The court concludes that, as presently phrased, the complaint herein fails to state a claim upon which relief may be granted, but will grant plaintiff leave to amend since amendment may possibly cure the defective pleading. Defendants’ motion for separate statement will be denied and defendants’ motion for more definite statement, being moot, will similarly be denied.

The complaint is for damages for purported violations of plaintiff’s civil rights, in contravention of 42 U.S.C.A. § 1983 , and jurisdiction is claimed on the basis of that statute and 28 U.S.C. § 1343 (3) and (4).

The complaint alleges the following circumstances: That defendants, Deputy Sheriffs in the Sheriff’s Department of San Bernardino County, acting under color of their authority as such, entered plaintiff’s residence and observed four photographs owned by plaintiff. That defendants removed the photographs from the wall, tearing them in the process, and apparently removed them from the premises. That defendants stated that their reason for such action was that the…