Leo Evans v. Madera Police Department

Good Law
United States District Court, Eastern District of CaliforniaMarch 3, 20201:19-cv-01803California3,809 words

Opinion

Trial Court Opinion

I. INTRODUCTION

17 A. Background Plaintiff, Leo Evans, is a prisoner in the custody of North Kern State Prison. On December 30, 2019, Plaintiff, proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983, alleging one claim for excessive force against Defendants “Madera County Police Department,” “R. Mahoney 4536,” “C. Robertson 519,” “R. Vasquez 4263,” “Grijalva,” “Garcia,” and “Vang.” (Doc. 1.) Plaintiff alleges each individual defendant is employed as an “SIU Officer” at Madera Police Department. (See id. at 3–4.) Plaintiff also filed an application to proceed in forma pauperis, which was granted on January 29, 2020. (Docs. 3, 6.) Plaintiff’s Complaint is now before the Court for screening. As discussed below, Plaintiff’s allegations are insufficient to state a plausible claim for relief as currently pled. Plaintiff is granted leave to file a first amended complaint and is provided the pleading requirements and legal standards under which his claims will be analyzed. B. Screening Requirement and Standard In cases where the plaintiff…

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