Deslauriel

Miller v. Deslauriel

Good Law
United States District Court, Northern District of CaliforniaMarch 28, 20245:23-cv-06629California1,955 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH MILLER, 110654, Case No. 23-cv-06629-SK (PR)

Plaintiff,

ORDER OF SERVICE

v.

DESLAURIEL, Correctional Officer, Defendant(s).

Plaintiff, a prisoner at Madera County Jail (MCJ) in Madera, California, has filed a pro se complaint for damages under 42 U.S.C. § 1983 alleging that on October 27, 2021, while he was at Salinas Valley State Prison (SVSP) in Soledad, California, Correctional Officer Deslauriel used excessive force against him in violation of the Eighth Amendment. DISCUSSION A. Standard of Review Federal courts must engage in a preliminary screening of cases in which prisoners seek redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief may be granted,” or…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.