Fentanes v. Contra Costa Sheriff Department

Filing 17

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 4/13/10. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 4/13/2010)

Download PDF
1 2 3 4 5 6 7 8 9 10 vs. CONTRA COSTA SHERIFF DEPT., Defendant. / FRANCISCO J. FENTANES, Plaintiff, No. C 09-0383 PJH (PR) ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This is a civil rights case filed by a former prisoner at the Contra Costa Jail. In the initial review order, the court noted that plaintiff had listed the Contra Costa Sheriff's Department as the only defendant. To state a claim against a California sheriff's department a plaintiff must allege that the violations of his rights were pursuant to a custom or policy of the department. See Shaw v. Cal. Dep't of Alcoholic Beverage Control, 788 F.2d 600, 610-11 (9th Cir. 1986). Plaintiff had not done this, so the complaint was dismissed with leave to amend. Plaintiff has filed an amendment. He still names only the sheriff's department as a defendant. He does not allege that the purported violations of his rights were pursuant to a policy or practice of the department, and the nature of the factual allegations is such that it is unlikely they were done pursuant to such a policy or practice. In fact, in several places plaintiff alleges that the deputies were acting contrary to policy. Plaintiff has failed to state a claim against the only defendant. The Amended Complaint is DISMISSED with prejudice. The clerk shall close the file. IT IS SO ORDERED. Dated: April 13, 2010. PHYLLIS J. HAMILTON United States District Judge P:\PRO-SE\PJH\CR.09\FENTANES0383.DSM.wpd

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?