Leland William Calder v. FNU Zweber, et al.

Summary

The United States District Court for the District of Utah screened Leland Calder’s pro se civil-rights complaint under 28 U.S.C. § 1915(e). The court deemed his motions for status and for processing and service moot, temporarily granted in forma pauperis status, and ordered him to file an amended complaint addressing pleading deficiencies by July 17, 2026.

Holdings

1. A complaint filed by an IFP litigant is subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) if it is frivolous, fails to state a claim, or seeks relief from an immune defendant; the court applies the Rule 12(b)(6) plausibility standard together with Rule 8.
2. A general failure by law enforcement to protect an individual from private violence or investigate a reported crime does not, by itself, establish a constitutional violation under the Due Process Clause and therefore cannot support a § 1983 claim on that theory.
3. Equal-protection, access-to-courts, and Monell theories are inadequately pleaded when they rest on conjecture and do not provide sufficient factual detail identifying the defendants' conduct, the resulting harm, and the legal basis for liability.
4. Even though amendment appeared potentially futile, the court would allow Plaintiff one opportunity to file an amended complaint correcting the identified pleading deficiencies.

Questions Presented

1. Whether the complaint stated a plausible claim under 42 U.S.C. § 1983 based on alleged failures by law enforcement to investigate an assault and provide police protection.
2. Whether the complaint adequately pleaded equal-protection, access-to-courts, and Monell claims under Rules 8 and 12(b)(6).
3. Whether the court should permit Plaintiff to amend rather than dismiss the action immediately.
4. Whether Plaintiff's motions for status and for processing and service of summons should be deemed moot while the complaint was being amended and screened.

Disposition

other