Glenn v. State of Oregon et al
Order. Plaintiff's allegations fail to state a claim, and plaintiff has been afforded the opportunity to submit an amended complaint. Accordingly, this action is dismissed. IT IS SO ORDERED. Signed on 11/14/2017 by Judge Ann L. Aiken. (copy mailed to plaintiff) (jw)
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MELREE LAREA GLENN,
Case No. 3: l 7-cv-01317-AA
STATE OF OREGON; PORTLAND
POLICE BUREAU; GARY A.
GEBHARDT, Forensic Scientist,
AIKEN, District Judge:
Plaintiff, an inmate at Multnomah County Inverness Jail, filed this action pursuant to 42
U.S.C. § 1983 and was allowed to proceed in forma pauperis. However, plaintiffs Complaint
was deficient and the court allowed plaintiff to file an amended complaint regarding his claims
of false arrest and wrongful imprisonment on drug charges. Plaintiff has filed an Amended
Complaint, and it remains deficient.
As plaintiff was advised previously, to state a claim for false arrest or wrongful
imprisonment under 42 U.S.C. § 1983, plaintiff must allege facts showing that the defendants
lacked probable cause to arrest and detain him for the charged offenses. Cabrera v. City of
Huntington Park, 159 F.3d 374, 380 (9th Cir.1998) (per curiam) (a plaintiff must show no
probable cause in order to prevail on a § 1983 claim for false arrest and imprisonment). Here,
plaintiff simply alleges that he was arrested "on pretences [sic] of attempted PCS of meth," then
"picked up by the State as possession of controlled substance meth," and ultimately acquitted of
the charges after trial by jury. Am. Compl. at 4 (ECF No. 6). Plaintiff does not allege facts
showing that his arrest and detention lacked probable cause. Further, as plaintiff was advised,
liability for civil rights violations under § 1983 arises only upon a showing of personal
participation by each defendant. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Again,
plaintiff does not allege unlawful conduct on the part of any named defendant.
For these reasons, plaintiff's allegations fail to state a claim, and plaintiff has been
afforded the opportunity to submit an amended complaint. Accordingly, this action is dismissed.
IT IS SO ORDERED.
day of November, 2017.
United States District Judge
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