Russell

El Bey v. Russell

Good Law
United States District Court, Northern District of CaliforniaJuly 3, 20233:23-cv-00107California3,757 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division JEFFERY DEAN HERSEY EL BEY, Case No. 23-cv-00107-LB

Plaintiff,

ORDER SCREENING AMENDED

v. COMPLAINT WITH LEAVE TO

AMEND

J. RUSSEL, et al., Re: ECF No. 7 Defendants. 16 INTRODUCTION The plaintiff, who represents himself and is proceeding in forma pauperis, sued his arresting officer, the chief of police and mayor of Menlo Park, and state officials, claiming wrongful arrest on November 15, 2022, excessive force, and improper detention, in violation of 42 U.S.C. § 1983 and the Fourth Amendment to the U.S. Constitution. Before authorizing the United States Marshal to serve the defendants with the complaint, the court must screen it for minimal legal viability. 28 U.S.C. § 1915(e)(2)(B). The court issues this screening order to identify the complaint’s deficiencies: among other issues, the plaintiff describes a lawful traffic stop, and he names parties …

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