De Tagle v. Santa Clara County, San Jose Police Department

Background

Austin de Tagle, who was representing himself, filed a civil-rights action against Santa Clara County and the San Jose Police Department. The court previously allowed him to proceed without prepaying the filing fee and screened his original complaint under 28 U.S.C. § 1915(e), a statute requiring the court to review certain complaints filed by people proceeding without prepayment of filing fees. The court found that the original complaint failed to state a claim and directed him to file an amended complaint.

Amended Complaint

The amended complaint asserted a claim under 42 U.S.C. § 1983, the federal civil-rights statute for claims against state or local actors, alleging that San Jose Police Officer Julian #4610 unlawfully arrested or detained de Tagle under the Fourth Amendment. The amended complaint did not assert claims against Santa Clara County or the San Jose Police Department. The court concluded that de Tagle had voluntarily dismissed those defendants from the case.

Ruling and Disposition

The court concluded that, for purposes of its screening review under 28 U.S.C. § 1915(e), the allegations were sufficient for de Tagle to proceed without prepaying the filing fee against San Jose Police Officer Julian #4610. The court directed the clerk to issue a summons and add Officer Julian #4610 as a defendant. It ordered the U.S. Marshal for the Northern District of California to serve the amended complaint and the order on the officer without prepayment of fees. The order was signed by Judge Virginia K. Demarchi.