Floyd

I. BACKGROUND

24 Floyd is a Louisiana resident. Am. Compl. at 1. Defendant San Jose Police 25

1 In a separate action pending before Judge Orrick, Floyd alleges that the SJPD violated his Department (SJPD) is a governmental agency in Santa Clara County. Id. at 11. On August 18, 2021 at 9:30 p.m., Floyd was arrested by SJPD. Am. Compl. at 4. Prior to this, he had taken a “concoction that would empty [his] bowels.” Id. After he arrived at the first holding facility, which he does not know the name of, he used the toilet twice. Id. at 4-5. The officers refused when he asked to use the toilet for the third time. Id. at 5. Floyd also asked to make a phone call to his family pursuant to California Penal Code section 851.5, which entitles arrestees to three phone calls immediately upon booking and no later than three hours after arrest, except where physically impossible. Id. The officers again rejected his request and informed him that he needed to wait till he arrived at the second holding facility. Id. On August 19 at approximately 2 a.m., Floyd arrived at Elmwood Correctional Facility, the second…