Tucker

Tucker v. Day

Good Law
United States District Court, Northern District of CaliforniaJuly 13, 20203:20-cv-01255California1,262 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TRAYDEL MIGUEL TUCKER, Case No. 20-cv-01255-WHO (PR)

Plaintiff,

ORDER DISMISSING COMPLAINT

v. WITH LEAVE TO AMEND

R. DAY, et al., Defendants.

12 INTRODUCTION Plaintiff Traydel Tucker alleges that two prison guards are responsible for a prison vehicle transport accident and Tucker’s resulting injuries. His 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). Tucker has not stated a claim for relief. Claims of negligence, such as a claim of negligent driving, are not actionable under section 1983. His allegation that Sergeant R. Day failed to put him in a seatbelt might be actionable, but Tucker will have to provide more information. His claims against the second guard, D. Navarrete, are insufficient because although Tucker names him as a defendant, he provides no description of Navarette’s actions. The complaint is DISMISSED with…

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