De Tagle v. Santa Clara County, San Jose Police Department

Good Law
United States District Court, Northern District of CaliforniaNovember 6, 20235:23-cv-05095California442 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 AUSTIN DE TAGLE, Case No. 23-cv-05095-VKD

Plaintiff,

ORDER SCREENING AMENDED

v. COMPLAINT; ORDER TO ISSUE AND

SERVE SUMMONS

SAN JOSE POLICE OFFICER JULIAN #4610, Re: Dkt. No. 6 12 Defendant.

13 Plaintiff Austin de Tagle, who is representing himself, filed this civil rights action against Santa Clara County and the San Jose Police Department on October 4, 2023. Dkt. No. 1. On October 10, 2023, the Court issued an order granting Mr. de Tagle’s application to proceed in forma pauperis (“IFP”) and screening his complaint pursuant to 28 U.S.C. § 1915(e). Dkt. Nos. 2, 5. The Court determined that Mr. de Tagle’s original complaint failed to state a claim on which relief could be granted and directed him to file an amended complaint. See Dkt. No. 5. Mr. de Tagle did so on November 1, 2023. Dkt. No. 6. The amended complaint asserts a Fourth Amendment claim for…

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