(PC) Kern v. Sacramento Police Dept.

Good Law
United States District Court, Eastern District of CaliforniaSeptember 28, 20232:23-cv-00560California1,119 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES KERN, Case No. 2:23-cv-00560-JDP (PC) Plaintiff, ORDER AND FINDINGS AND

RECOMMENDATIONS

v. SACRAMENTO POLICE DEPARTMENT, et al., 15 Defendants.

17 18 19 20 Plaintiff brings this section 1983 case against the Sacramento Police Department and several of its employees. ECF No. 10. I have reviewed plaintiff’s most recent complaint and find, for the reasons stated below, that this court must abstain from considering plaintiff’s claims because they implicate ongoing state criminal proceedings. Younger v. Harris, 401 U.S 37, 43-44 (1971). I recommend that the complaint be dismissed on that basis.

1 This docket entry is labelled as plaintiff’s first amended complaint. It is, however, his second amended complaint. See ECF No. 8 (plaintiff’s actual first amended complaint). I will direct the Clerk of Court to change the docket to reflect this. Screening Order I. Screening and Pleading Requirements …

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