(PC) Lovell v. East Oakland Police Department

Good Law
United States District Court, Northern District of CaliforniaOctober 18, 20233:23-cv-01451California1,386 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 DAVID ANTHONY LOVELL, Case No. 23-cv-01451-WHO (PR)

Plaintiff,

v. ORDER SCREENING COMPLAINT

EAST OAKLAND POLICE DEPARTMENT, et al., 15 Defendants.

16 INTRODUCTION Plaintiff David Anthony Lovell III alleges defendants violated his Eighth Amendment rights by being deliberate indifferent to his serious medical needs. His complaint containing these allegations is now before me for review pursuant to 28 U.S.C. § 1915A(a). Lovell has stated cognizable Eighth Amendment claims against some defendants, but not others. His Eighth Amendment allegations against correctional staff are viable, but his allegation that a false report was filed is not sufficient to state a claim for relief. Also, his claims against a doctor are conclusory and require further factual detail. Unless Lovell files an amended complaint on or before December 1, 2023, I will order service of the current complaint on the viable claims only. 1…

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