Parsons

Parsons v. San Jose Police Department

Good Law
United States District Court, Northern District of CaliforniaFebruary 3, 20233:22-cv-04691California1,299 words

Opinion

Trial Court Opinion

INTRODUCTION

14 Plaintiff Jason Thomas Parsons’s 42 U.S.C. § 1983 complaint contains allegations 15 against the police officers, the judges and others involved in his arrest, trial, and 16 conviction. However, his claims of false arrest, malicious prosecution, unconstitutional 17 sentence, denial of bail, and so forth, are barred by Supreme Court precedent and must be 18 dismissed. 19 Parsons’s claims that unknown San Jose police officers used excessive force during 20 his arrest are not barred. He must, however, provide their names. Accordingly, his 21 complaint is DISMISSED with leave to file an amended complaint on or before March 1, 22 2023. He may also file a motion to stay his excessive force claims. 23 All other claims and defendants are DISMISSED.

DISCUSSION

25 A. Standard of Review 26 A federal court must conduct a preliminary screening in any case in which a 27 prisoner seeks redress from a governmental entity or officer or employee of a 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…

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