Tolbert

Tolbert v. Colley

Good Law
United States District Court, Northern District of CaliforniaApril 26, 20223:22-cv-02026California1,456 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOEL TOLBERT, Case No. 22-cv-02026-JSC

Plaintiff,

ORDER OF PARTIAL DISMISSAL;

v. GRANTING LEAVE TO AMEND

ANTIOCH POLICE DEPARTMENT, et al., Defendants.

INTRODUCTION Plaintiff, a California prisoner proceeding without representation by an attorney, filed this civil rights complaint under 42 U.S.C. § 1983 against the Antioch Police Department (“APD”), APD Chief Allen Cantando, APD Officer James Colley, APD Officer James Perkinson, and the Contra Costa County Detention Health Services (“CCCDHS”). Plaintiff’s application to proceed in forma pauperis is granted in a separate order. For the reasons explained below, the complaint is DISMISSED in part, and Plaintiff is GRANTED leave to file an amended complaint. STANDARD OF REVIEW Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a…

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