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Lydell v. Train

United States District Court, N.D. California

March 31, 2014

WILSON LYDELL, Plaintiff,
v.
OFFICER TRAIN, Defendant.

ORDER OF SERVICE

JACQUELINE SCOTT CORLEY, Magistrate Judge.

INTRODUCTION

Plaintiff, an inmate at the Santa Clara County Jail, filed this pro se civil rights complaint under 42 U.S.C. § 1983 against an officer working at the jail.[1] His application to proceed in forma pauperis is granted in a separate order. For the reasons explained below, the complaint is ordered served upon Defendant.

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 "seeks monetary relief from a defendant who is immune from such relief." Id. § 1915A(b). Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).

Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the statement need only give the defendant fair notice of what the.... claim is and the grounds upon which it rests." Erickson v. Pardus, 127 S.Ct. 2197, 2200 (2007) (citations omitted). Although to state a claim a complaint "does not need detailed factual allegations, ... a plaintiff's obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.... Factual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1964-65 (2007) (citations omitted). A complaint must proffer "enough facts to state a claim for relief that is plausible on its face." Id. at 1974. Pro se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).

To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988).

LEGAL CLAIMS

When liberally construed, Plaintiff's allegation that Defendant Officer Train threatened to break his arm, and then slammed his left arm and hand against a wall and finger printing machine until Plaintiff broke his hand and wrist, states a cognizable claim for the use of excessive force. Accordingly, the complaint will be ordered served upon Officer Train.

CONCLUSION

1. The Clerk shall issue a summons and Magistrate Judge jurisdiction consent form and the United States Marshal shall serve, without prepayment of fees, the summons, Magistrate Judge jurisdiction consent form, a copy of the complaint with attachments and a copy of this order on Officer Train at the Santa Clara County Main Jail.

The Clerk shall also mail a courtesy copy of the complaint with all attachments and a copy of this order to the Santa Clara County Counsel's Office.

2. Defendant shall complete and file the Magistrate Judge jurisdiction consent form within 91 days of the date this order is filed. If Defendant consents ...


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