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N.D. Cal.Procedural orderFiled June 17, 2024

Millan v. Santa Clara PD

Judge
Lin
Docket
3:23-cv-05311
Court
U.S. District Court · Northern District of California
Pages
4
Civil RightsSection 1983Motion to DismissPro Se
In one sentence

In Millan v. Santa Clara PD, Judge Lin dismissed Millan’s civil-rights complaint without prejudice and granted his application to proceed without paying the full fee upfront.

Who this affects

Alexis Millan’s federal civil-rights claims against Santa Clara PD and the other defendants were dismissed without prejudice while his state criminal case was pending. His application to proceed without paying the full filing fee upfront was granted, with an initial partial fee of $0.01.

What happened

Alexis Millan, who was being held before trial, sued Santa Clara PD and others under a federal civil-rights law. He alleged that officers searched his home without a warrant, used excessive force, took his property, and filed false charges while his state criminal case was ongoing.

The court ruled that the lawsuit could interfere with that ongoing state case. It dismissed the complaint without prejudice, meaning Millan may be able to file another civil-rights lawsuit later, such as after the criminal case ends or a conviction is overturned. The court also granted his application to proceed without paying the full filing fee upfront.

Judge Rita F. Lin ordered the dismissal for failure to state a claim and granted Millan’s fee application. The court set the initial partial filing fee at $0.01 and closed the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Millan v. Santa Clara PD · No. 3:23-cv-05311
Judge
Lin
Date
June 17, 2024

Background

Alexis Millan, identified as a pretrial detainee at Elmwood Correctional Facility, filed a civil-rights complaint without a lawyer under 42 U.S.C. § 1983. He alleged that officers entered and searched his home without a warrant, used unnecessary and excessive force, and improperly confiscated his property. He also alleged that he was arrested and that false charges were filed against him. The opinion states that he was in custody on those charges and that state criminal proceedings were pending.

Millan sought $100,000 in damages. He also wrote to the court that he needed to get home.

Screening and Analysis

Because Millan sought relief from governmental defendants while incarcerated, the court screened the complaint under 28 U.S.C. § 1915A. That screening process requires the court to dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant.

The court concluded that Millan’s claims were barred at that time by the Younger abstention doctrine. That doctrine generally prevents a federal court from interfering with an ongoing state criminal proceeding when the state proceeding is active, involves important state interests, allows the federal issues to be raised in state court, and the federal lawsuit would interfere with or effectively halt the state case.

The court found all four conditions satisfied. In particular, it stated that ruling on the legality of the alleged warrantless search could affect the evidence presented in the state criminal case and would insert federal-court oversight into that proceeding. The court therefore determined that abstention was appropriate.

Disposition

The court dismissed the action for failure to state a claim upon which relief may be granted. The dismissal was without prejudice. The court stated that a future civil-rights action could be filed, for example, after the state criminal case was dismissed or, if Millan were convicted, after the conviction was set aside through a successful petition challenging the conviction or detention.

The court granted Millan’s application to proceed without paying the full filing fee upfront. It set the initial partial filing fee at $0.01 and directed the prison trust-account office to make payments toward the filing fee. The clerk was ordered to close the file.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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