Dunbar

DISCUSSION

20 A. Standard of Review 21 Federal courts must engage in a preliminary screening of cases in which prisoners seek 22 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 23 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of 24 the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief 25 may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.” Id. 26 § 1915A(b). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 27 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). B. Legal Claims It is well established that whenever prison officials stand accused of using excessive force in violation of the Eighth Amendment, the core judicial inquiry is whether force was applied in a …