United States District Court, C.D. California
QUINN S. BASS, Plaintiff,
SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT, ET AL., Defendants.
ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE
HONORABLE KENLY KIYA KATO UNITED STATES MAGISTRATE JUDGE
Quinn S. Bass (“Plaintiff”), proceeding pro se
and in forma pauperis, filed a First Amended Complaint
(“FAC”) which appears to sue defendants City of
San Bernardino Police Department, County of San Bernardino
Sheriff John McMahon (“McMahon”), County of San
Bernardino Sergeant Kelly Craig (“Craig”), County
of San Bernardino Deputy Reveles (“Reveles”) in
their individual and official capacities, and Hayes Towing
(collectively, “Defendants”). ECF Docket No.
(“Dkt.”) 21 at 10-11. Plaintiff alleges
Defendants violated 42 U.S.C. §§ 1983 and 1985 and
18 U.S.C. §§ 242 and 245. For the reasons discussed
below, the Court dismisses the FAC with leave to amend.
August 2, 2019, Plaintiff filed a Complaint alleging claims
pursuant to 42 U.S.C. §§ 1983 and 1985 for
violations of his First, Fourth, Fifth, Eighth, and Ninth
Amendment rights and 18 U.S.C. §§ 242 and 245. Dkt.
1. According to the Complaint, on March 29, 2019 at
approximately 5:00 p.m., Plaintiff and his wife were in their
car in the parking lot of Sam’s Bargain in San
Bernardino, California. Id. at 4-5. Plaintiff
alleges Defendants Craig and Reveles “forc[ed them] out
at gun point” with no probable cause “or warrant
signed by a judge.” Id. at 5. Plaintiff then
alleges he was hospitalized with injuries from pepper spray
and a sprained wrist before being “booked for felony
resisting arrest.” Id. Plaintiff sought
“return of [Plaintiff’s] private automobile at no
fee as well as dismiss[al of] the felony resisting arrest
charge (with no initial charge) with extreme
prejudice.” Id. at 4-5.
September 11, 2019, the Court dismissed the Complaint with
leave to amend. Dkt. 19.
September 13, 2019, Plaintiff filed the instant FAC. Dkt. 21.
The body of the FAC does not contain any factual allegations,
but rather refers to Attachments 1, 2, 3, 4, and 5.
Id. at 12. Attachments 1 and 2 appear to be
affidavits purporting to put Defendants on notice of
Plaintiff’s complaints regarding the March 29, 2019
incident and demanding return of his vehicle. Id. at
14-21. Attachment 3 appears to be a partial vehicle
registration application. Id. at 22. Attachment 4
appears to be a declaration of Plaintiff’s wife filed
in a case in San Bernardino County Superior Court, Bass
v. People of the State of California, No.
FSB19001352/MSB18016651. Id. at 23-25. Attachment 5
appears to be Plaintiff’s medical records from
Arrowhead Regional Medical Center for his March 29, 2019
visit. Id. at 26-30. Plaintiff states: “I know
I am entitled to relief,” but does not request any
specific relief in the FAC. Id. at 13.
plaintiff is proceeding in forma pauperis, a court must
screen the complaint under 28 U.S.C. § 1915 and is
required to dismiss the case at any time if it concludes the
action is frivolous or malicious, fails to state a claim on
which relief may be granted, or seeks monetary relief against
a defendant who is immune from such relief. 28 U.S.C. §
1915(e)(2)(B); see Barren v. Harrington, 152 F.3d
1193, 1194 (9th Cir. 1998).
Federal Rule of Civil Procedure 8 (“Rule 8”), 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). In determining whether a
complaint fails to state a claim for screening purposes, a
court applies the same pleading standard as it would when
evaluating a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6). See Watison v. Carter, 668 F.3d
1108, 1112 (9th Cir. 2012).
complaint may be dismissed for failure to state a claim
“where there is no cognizable legal theory or an
absence of sufficient facts alleged to support a cognizable
legal theory.” Zamani v. Carnes, 491 F.3d 990,
996 (9th Cir. 2007). In considering whether a complaint
states a claim, a court must accept as true all of the
material factual allegations in it. Hamilton v.
Brown, 630 F.3d 889, 892-93 (9th Cir. 2011). However,
the court need not accept as true “allegations that are
merely conclusory, unwarranted deductions of fact, or
unreasonable inferences.” In re Gilead Scis. Sec.
Litig., 536 F.3d 1049, 1055 (9th Cir. 2008). Although a
complaint need not include detailed factual allegations, it
“must contain sufficient factual matter, accepted as
true, to state a claim to relief that is plausible on its
face.” Cook v. Brewer, 637 F.3d 1002, 1004
(9th Cir. 2011) (quoting Ashcroft v. Iqbal, 556 U.S.
662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)). A claim is
facially plausible when it “allows the court to draw
the reasonable inference that the defendant is liable for the
misconduct alleged.” Id. The complaint
“must contain sufficient allegations of underlying
facts to give fair notice and to enable the opposing party to
defend itself effectively.” Starr v. Baca, 652
F.3d 1202, 1216 (9th Cir. 2011).
document filed pro se is ‘to be liberally
construed,’ and a ‘pro se complaint, however
inartfully pleaded, must be held to less stringent standards
than formal pleadings drafted by lawyers.’”
Woods v. Carey, 525 F.3d 886, 889-90 (9th Cir.
2008). However, liberal construction should only be afforded
to “a plaintiff’s factual allegations,”
Neitzke v. Williams, 490 U.S. 319, 330 n.9, 109
S.Ct. 1827, 104 L.Ed.2d 339 (1989), and a court need not
accept as true “unreasonable inferences or assume the
truth of legal conclusions cast in the form of factual
allegations,” Ileto v. Glock Inc., 349 F.3d
1191, 1200 (9th Cir. 2003).
court finds the complaint should be dismissed for failure to
state a claim, the court has discretion to dismiss with or
without leave to amend. Lopez v. Smith, 203 F.3d
1122, 1126-30 (9th Cir. 2000). Leave to amend should be
granted if it appears possible the defects in the complaint
could be corrected, especially if the plaintiff is pro se.
Id. at 1130-31; see also Cato v. United
States,70 F.3d 1103, 1106 (9th Cir. 1995). However, if,
after careful consideration, it is clear a complaint cannot
be cured by ...