McGee v. Alameda County Sheriff Department

Background

Anthony McGee filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law used to seek relief for certain violations of constitutional rights by state or local government actors. He alleged that on January 31, 2024, he was unlawfully arrested and assaulted by Alameda County deputies without reasonable suspicion or probable cause. A magistrate judge had allowed McGee to proceed without paying the filing fee.

The court noted that McGee had filed a similar earlier lawsuit involving false arrest. In that earlier related proceeding, the complaint indicated that criminal proceedings against McGee were pending, and the court directed him to amend the complaint concerning those charges. McGee did not amend that complaint, and it was dismissed under Federal Rule of Civil Procedure 41(b).

Court’s ruling

The court found the same problem in this case: McGee alleged that he had been charged with resisting arrest, but the complaint did not state the disposition of that charge, and the status of the criminal case was unknown. The court also stated that the complaint did not plausibly allege a Section 1983 claim and directed McGee to address the identified shortfalls. The excerpt’s sentence describing that deficiency is incomplete, but the order clearly refers to shortfalls in the Section 1983 claim.

The court dismissed the complaint and allowed McGee to file an amended complaint by November 8, 2024. The amended complaint must state the status of the criminal charge and address the shortfalls in the Section 1983 claim. The court warned that failure to meet the deadline or comply with the order would result in dismissal under Rule 41(b). Judge James Donato denied McGee’s request for sanctions.