Bess

Bess v. Barroso

Good Law
United States District Court, Northern District of CaliforniaMay 28, 20243:23-cv-06095California1,265 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DANIEL E. BESS, Case No. 23-cv-06095-JSC

Plaintiff,

ORDER OF PARTIAL DISMISSAL

v. AND OF SERVICE

J. BARROSO, et al., Defendants.

Plaintiff, a California prisoner proceeding without an attorney, filed this civil action against three officials at the Correctional Training Facility (“CTF”) in Soledad, California –– Lieutenant J. Barroso, Lieutenant J. Martinez, and R. Oviedo. Following an initial review of the complaint under 28 U.S.C. § 1915A, the Court dismissed with leave to amend Plaintiff’s claim under 42 U.S.C. § 1985, his Eighth Amendment claim, and all of his claims to the extent he seeks damages for emotional or mental injuries. (ECF No. 7.) The Court found Plaintiff’s First Amendment retaliation claim, Bane Act claim, and claim for intentional infliction of emotional distress, when liberally construed, capable of judicial determination to the extent he seeks forms of relief other than damages for emotional or mental injuries. …

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