Dean Himbler Aviles v. Heather L. Cohen

Good Law
United States District Court, Central District of CaliforniaJuly 23, 20202:20-cv-03899California884 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 DEAN HIMBLER AVILES, ) Case No. CV 20-3899-JGB (JPR) 12 ) Plaintiff, ) 13 ) ORDER DISMISSING PLAINTIFF’S v. ) COMPLAINT AS DUPLICATIVE 14 )

HEATHER L. COHEN, )

15 ) Defendant. ) 16 ) 17 On April 29, 2020, Plaintiff, proceeding pro se, filed a civil-rights action against Defendant Long Beach Police Detective Heather L. Cohen in her individual and official capacities, seeking damages. (Compl. at 1-2, 4.) He was subsequently granted leave to proceed in forma pauperis. Plaintiff alleges that on March 14, 2018, Defendant “failed to stop and protect [him] from Federal Protective Service Officers using excessive force and injuring [him], causing [him] to have a brain concussion.” (Compl. at 2; see id. at 1.) He also asserts that she “false[ly]” accused him in a police report of assaulting the officers and that “[a]s a result . . . [he] was 1 falsely imprisoned for 656 days.” (Id. at 2.) He appears to be referring to an incident that resulted in his being taken into…

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