United States District Court, N.D. California
DANIEL P. KLAHN, Plaintiff,
DUBLIN POLICE DEPARTMENT, et al., Defendants.
ORDER REGARDING SUFFICIENCY OF COMPLAINT PURSUANT TO
28 U.S.C. § 1915 Re: Dkt. No. 1
C. SPERO CHIEF MAGISTRATE JUDGE
Daniel P. Klahn Sr. brings this action against a variety of
government officials and entities alleging violations of his
statutory and constitutional rights over the course of his
arrest in Dublin, California, transportation to San Diego,
and prosecution in the California Superior Court for the
County of San Diego. The Court previously granted
Klahn‘s application to proceed in forma pauperis and
now reviews the sufficiency of his Complaint pursuant to 28
U.S.C. § 1915(e)(2). As detailed below, the Court finds
that Klahn may proceed on his claims against Monterey
Sheriff‘s Deputy Ennis and on one claim against San
Diego Assistant District Attorney Anna Winn. Klahn‘s
remaining claims are DISMISSED, some with leave to amend and
some without, as discussed below. If Klahn wishes to file an
amended complaint, he must do so no later than August 9,
ALLEGATIONS OF THE COMPLAINT
factual allegations are taken as true at the pleading stage,
and are therefore recited here as if true. Nothing in this
Order should be interpreted as resolving any factual issue
that may be disputed at a later stage.
2013, non-party Detective Aaron Dobbs-apparently of the San
Diego Police Department-spoke to Klahn by telephone regarding
a $1, 250 check that Klahn had cashed. Compl. (dkt. 1) at
Klahn explained that he had held a job where he recovered
unclaimed funds slated to escheat to the state, and a Mr.
Meyerson, with whom he worked, had agreed that Klahn could
keep ten percent of the funds he recovered. Id. at
52-53. Dobbs told Klahn that the check was forged, and Klahn
responded that he often received authority from Meyerson via
email to sign checks on his behalf, although he did not
recall the circumstances of that specific check. Id.
at 53. When Dobbs became angry with Klahn, Klahn said that he
did not think Meyerson would want to take Klahn to court
because Klahn was aware of illegal conduct by Meyerson and
other damaging information that would come to light in court
proceedings. Id. Klahn said that he would meet with
Dobbs when he visited San Diego the next week, but Dobbs was
not at the police station when Klahn visited. Id.
Klahn left Dobbs a voice message but never heard from him
February 8, 2014, two officers of the Dublin Police
Department came to Klahn‘s house in Dublin, California,
ostensibly to investigate a police report that Klahn had
filed two to three years before in Dublin. Compl. (dkt. 1) at
10. Klahn told the officers that he had not filed such a
report and did not live in Dublin at the time. Id.
The officers nevertheless repeatedly asked to come into the
house to discuss the report, and Klahn repeatedly refused to
grant them permission to enter. Id. One officer
asked to see Klahn‘s identification and followed him
into the house when Klahn went to retrieve his wallet,
telling Klahn that he needed to stay with him for the
officers‘ safety. Id. Klahn asked him to leave
and the officer returned to the porch. Id.
asked the officers if they had a warrant, and one officer
responded that they did not need one. Id. The
officers did not respond to Klahn inquiring about "the
real reason for their visit.'' Id. One
officer eventually said they would discuss the matter with
Klahn if he let them inside, but Klahn declined to do so.
Id. The officers then pushed through the door and
restrained Klahn against a counter. Id. at 10-11.
When Klahn asked again to see a warrant, one of the officers
produced "a business card size piece of paper with his
name, and pick-up late on the holiday weekend printed on it,
'' and told Klahn that was the warrant. Id.
at 11. In response to questions from Klahn, the officers told
him that he was under arrest and that they did not have to
inform him of the charges against him. Id. The
officers helped Klahn shut down his computer and allowed him
to get a jacket, and then escorted him to a police car and
drove him to the Santa Rita Jail. Id. Once there,
around 9:45, one of the arresting officers took Klahn to the
booking area and asked him a series of questions regarding
whether Klahn participated in theft or check forgery in San
Diego. Id. The officer did not inform Klahn of his
rights or of the charges against him. Id. at 11-12.
Detention at Santa Rita Jail
arresting officers left Klahn with a booking officer at the
jail. Id. at 12. Klahn asked repeatedly to be
allowed to call his attorney and family, but was told first
that he could make a call after booking was complete, and
then later told that he could make a call the next morning.
Id. The booking officer also told Klahn that
"San Diego'' had not yet sent the arrest
warrant, and that he did not know the exact charges against
Klahn. Id. Klahn informed a medical intake officer
that he was diabetic and needed medication, among other
medical information. Id. The intake officer told
Klahn that the medical department would see him in the
morning, and sent him to a cell at 12:45 a.m. with a sack
lunch and no medication, even after Klahn complained that he
was not feeling well and needed insulin. Id. at
a.m. the next morning, a nurse examined Klahn and determined
that his "blood sugar . . . was over 200, '' but
that he would have to see a doctor before he could receive
medication. Id. at 14. Later that morning, Klahn
asked to make a telephone call, but the officer on duty told
him that he could not do so because a PIN number had not been
configured for him, and it would not be possible to set up a
PIN number at that time. Id.
felt faint later that day, his feet swelled, and he became
agitated. Id. An officer referred Klahn to the same
nurse he saw in the morning, who measured his blood sugar
level at "over 250'' but again declined to give
him medication and told him he would need to see a doctor.
Id. According to Klahn, the next day-Monday,
February 10, 2014-was a holiday, and no doctor was available.
Id. Klahn became weak, dizzy, and more anxious.
Id. at 14-15. On Tuesday, a doctor gave Klahn
metformin but no insulin. Id. at 15. Klahn felt weak
and had difficulty concentrating, and eventually experienced
neuropathy and severe pain in his feet and hands.
Id. at 15, 16.
continued to ask to make a telephone call, but a duty officer
again told him that there was no way to assign him a PIN
number. Id. at 15. Klahn‘s wife, unaware of
his arrest, called the Dublin Police Department to file
missing person report, but was not informed that he had been
arrested and was being held in jail. Id. Klahn
contends that if he had been given a telephone call, he could
have contacted an attorney and informed his family of his
arrest, and might have been able to obtain medication or post
Detention at Monterey County Jail
morning of Wednesday, February 12, the Orange County
Sheriff‘s Department picked Klahn up from the Santa
Rita Jail and transferred him to the Monterey County Jail.
Id. at 16. At that time, Klahn had not been allowed
to make a telephone call, had not been shown a warrant, did
not know the charges against him, and had received only a
single dose of metformin. Id. He remained at the
Monterey County Jail for about twenty-two hours with another
inmate in a small cell that was not large enough for two
people, which had a solid metal door, a broken faucet not
suitable for drinking from, and a painted shut air vent.
Id. at 17-18. He received "one sack lunch, no
water and no medication'' during that time.''
Id. at 20.
his arrest, a kidney specialist had advised Klahn to drink
ten bottles of water per day as part of a treatment regimen.
Id. at 18. At the Monterey County Jail, Klahn began
to urinate blood due to dehydration. Id. He was
unable to stand due to dizziness and swelling in his feet and
hands, and experienced pain even when seated. Id.
Deputy Ennis of the Monterey County Sheriff‘s Office
refused to open a "pass door'' to allow air to
flow into the cell. Id. Another deputy later opened
the "pass door'' to allow for air flow, but
Ennis closed it five minutes later and gave Klahn a
"nasty look.'' Id. at 20. Ennis
concealed his badge when Klahn asked for his name, but Klahn
was able to see it during other interactions. Id.
When Klahn and his cellmate used an emergency intercom to
complain of the heat, lack of air and water, and
Klahn‘s symptoms, another officer told them not to use
the intercom again unless one of them had passed out.
Id. at 18-19. Ennis later laughed at Klahn‘s
request for medication and joked to a colleague "that
Klahn actually thinks he has rights, '' but said that
he would get a nurse to visit, and shrugged off the
inmates‘ complaint about their faucet and request for
water. Id. at 19.
saw a nurse late that night, who complained about being
called back to work to examine him. Id. at 19. The
nurse measured his blood sugar level at "over 300,
'' but told him that was "not too bad''
and that he should not call for her again that night.
Further Transportation and Detention
Orange County Sheriff‘s Department picked Klahn up from
the Monterey County Jail on February 13, 2014 and transported
him to the Orange County Jail, where he was held for one
night. Id. at 20-21. From there, the San Diego
Sheriff‘s Department moved him first to Central Jail in
San Diego, and then to the Vista Detention Center.
Id. at 21-22. Although Klahn alleges that he
suffered deprivations and mistreatment in these facilities
similar to the experiences described above, he does not name
any defendants associated with them. See Id. at
20-22. This Order therefore does not summarize those
allegations in detail.