(PC) Smith v. Sacramento County
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…