McDonald
(PC) Weathers v. McDonald
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARELL MARTIN WEATHERS, No. 2:23-cv-0133 DB P Plaintiff, v. ORDER DAVID McDONALD, et al., Defendants. 16 Plaintiff is a county inmate proceeding pro se with a civil rights action under 42 U.S.C. §1983. Before the court is plaintiff’s first amended complaint (“FAC”) for screening. For the reasons set forth below, this court finds plaintiff states a potentially cognizable Fourth Amendment claim regarding the searches of his car but states no other claims. Plaintiff will be given the option of proceeding now on his claim regarding the searches or amending his first amended complaint. BACKGROUND Plaintiff is incarcerated at the Sacramento County Main Jail. He filed the original complaint here in January 2023. Plaintiff alleged defendants, officers with the Sacramento Police Department, violated his Fourth Amendment rights when they stopped his car, searched it, and impounded it. On screening,…