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Dawn Mccullough v. Fresno Police Department

March 25, 2011

DAWN MCCULLOUGH,
PLAINTIFF,
v.
FRESNO POLICE DEPARTMENT, DEFENDANT.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMENDAMENDED COMPLAINT DUE MAY 2, 2011

(ECF No. 1)

Plaintiff Dawn McCullough initiated this action by filing a pro se Complaint on December 10, 2010 accompanied by an application to proceed in forma pauperis. (ECF Nos. 1 & 2.) Plaintiff's Complaint is before the Court for screening.

I. SCREENING REQUIREMENT

The in forma pauperis statute provides that "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii). A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice," Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts "are not required to indulge unwarranted inferences," Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). While factual allegations are accepted as true, legal conclusion are not. Iqbal, 129 S.Ct. at 1949.

II. FACTUAL ALLEGATIONS

Plaintiff's "Complaint" is essentially a letter to the Court asking that "some[thing] be done" about her detention*fn1 by the Fresno Police. Attached to the letter are copies of various documents that appear to be police records. The only named Defendant is the Fresno Police Department. Plaintiff does not specify what relief she is seeking (e.g. monetary, injunctive, etc.). She does not identify any legal basis for her claims.

From these documents, the Court has attempted to piece together a description of events, as follows:

Plaintiff was out of town visiting family in San Bernardino, California and asked her boyfriend to keep an eye on her place while she was gone. She spoke with him every day, and he assured her that everything was in order.

On December 9, 2008, Plaintiff returned home. She found computer parts, beer cans, and garbage strewn about her yard. Plaintiff's boyfriend was supposed to move a clothes dryer to the back yard, but had not done it so Plaintiff tried to move it herself. It was sitting on a wooden pallet and, when the dryer began to fall forward, Plaintiff let it go.

Plaintiff then kicked the dryer so that it sat in front of the door to her apartment. She spent four hours picking up the yard before she even entered the house.

Upon entering the house, Plaintiff found dishes piled on every surface. She asked her brother to help her clean up. He refused. They "got into a big fight" and Plaintiff's finger was broken. Plaintiff told her brother "that's it, I'm done" and went to take a bath. While in the bath, Plaintiff screamed "I can't believe you, Dave. Why, can't you just help me" and was crying. Plaintiff was very upset and angry.

Plaintiff's brother called the Fresno Police Department and reported that his sister was high on PCP.*fn2 Officers and emergency medical technicians were dispatched to Plaintiff's house. When officers arrived, Plaintiff's brother informed them that Plainitff did not have any weapons.

Unnamed officers from the Fresno Police Department entered Plaintiff's house. They asked Plaintiff to open the bathroom door. She responded that she was okay and just taking a bath. The officers kicked down the door and grabbed Plaintiff's left arm; her right hand was covering her left breast. Plaintiff asked the officers to leave because she was naked. Instead, the officers lifted Plaintiff by her arm, pulled her out of the bathtub, and dropped her to the ground. They dragged her, handcuffed her, and continued to pull her out into the living room. She was naked this whole time. Plaintiff remembers seeing three officers inside ...


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