Pollard

Pollard v. Davis

Good Law
United States District Court, Northern District of CaliforniaMarch 24, 20225:21-cv-09229California1,743 words

Opinion

Trial Court Opinion

INTRODUCTION

17 Plaintiff Shawn Pollard alleges his jailor J. Davis conducted a cell search in which 18 he found tools alleged to be weapons, and then charged plaintiff with possessing weapons, 19 all in violation of due process. Plaintiff’s 42 U.S.C. § 1983 complaint containing these 20 allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). 21 Plaintiff has stated cognizable due process claims. The Court directs defendant to 22 file in response to the complaint a dispositive motion, or a notice regarding such motion, 23 on or before August 2, 2022.

STANDARD OF REVIEW

25 A federal court must conduct a preliminary screening in any case in which a 26 prisoner seeks redress from a governmental entity or officer or employee of a 27 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or seek monetary relief from a defendant who is immune from such relief. See id. § 1915A(b)(1), (2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep’t,…

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