Floyd
Floyd v. San Jose Police Department
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 MICHAEL DEVIN FLOYD, Case No. 22-cv-00751-CRB
Plaintiff,
ORDER DENYING MOTION FOR
v.
ENTRY OF FINAL JUDGMENT
AND GRANTING IFP STATUS ON
SAN JOSE POLICE DEPARTMENT, et APPEAL al., 12 Defendants. 13 Plaintiff Michael Devin Floyd seeks damages under 42 U.S.C. § 1983 based on the 14 allegation that San Jose police officers violated his Second, Fourth, Fifth, Sixth, Eighth, 15 and Fourteenth Amendment rights when they stopped and searched his car, allegedly used 16 excessive force, and arrested him. See FAC (dkt. 14). Based on that incident, Floyd was 17 criminally charged in California court with violation of California Penal Code sections 18 25400(a)(1) (for carrying a concealed firearm in a vehicle) and 417(a)(2) (for exhibiting 19 the firearm in the presence of a third party). See RJN (dkt. 36) Ex. A & C; People of the 20 State of California v. Michael Devin Floyd, Felony Complaint, Case No. C2111237. 21 This case was recently related to another action before the undersigned judge. See 22 Dkt. 60;…