Allan Scott v. County of Los Angeles

Good Law
United States District Court, Central District of CaliforniaSeptember 10, 20192:19-cv-02725California2,238 words

Opinion

Trial Court Opinion

BACKGROUND

In April 2019, Allan Scott (“Plaintiff”) filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. See Dkt. 1 (“Complaint”). After the Court dismissed the Complaint with leave to amend, see Dkt. 5, Plaintiff filed the operative First Amended Complaint (“FAC”), see Dkt. 6. The FAC names the following defendants: (1) Los Angeles County (“the County”); (2) the Los Angeles County Sheriff’s Department (“LASD”); (3) Sheriff McDonnell; and (4) Deputy Scotti. See id. at 3-4. The FAC names the County and LASD in their official capacity only and names McDonnell and Scotti in both their individual and official capacity. See id. Under 28 U.S.C. § 1915(e)(2), the Court must screen the FAC to determine whether it is frivolous or malicious, fails to state a claim on which relief might be granted, or seeks monetary relief against a defendant who is immune from such relief. As discussed below, the FAC suffers from deficiencies and must be dismissed. Il. SUMMARY OF PLAINTIFF’S ALLEGATIONS Although Plaintiff is currently incarcerated, his claims do not pertain to the conditions of his own confinement. See FAC at 1-2, 5. Instead, Plaintiff's allegations arise out of his…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.