(PC) Smith v. Sacramento County

Good Law
United States District Court, Eastern District of CaliforniaMarch 11, 20242:23-cv-02919California951 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRAVIS SMITH, Case No. 2:23-cv-02919-JDP (PC) Plaintiff, ORDER v. GRANTING PLAINTIFF’S APPLICATION

TO PROCEED IN FORMA PAUPERIS AND

SACRAMENTO COUNTY, et al., FINDING THAT THE COMPLAINT FAILS

TO STATE A VIABLE CLAIM

Defendants. ECF Nos. 1 &2

RESPONSE DUE WITHIN THIRTY DAYS

18 19 20 Plaintiff, an inmate in the Sacramento County Jail, brings this action against Sacramento County itself and two sheriff’s deputies. He alleges that defendants violated his Fourteenth Amendment rights by failing to protect him from an assault by another inmate. He has failed, however, to allege adequately how each defendant is responsible for that violation of his rights.

1 As a pretrial detainee, plaintiff’s failure to protect claims arise under the Fourteenth 26 rather than Eighth Amendment. See Castro v. Cty. of Los Angeles, 833 F.3d 1060, 1067-68 (9th Cir. 2016) (“Inmates who sue prison officials for injuries suffered while…

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