Creel v. Sacramento County Sheriff Department

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations concerning plaintiff Chad Michael Creel’s claims against the Sacramento County Sheriff Department and Cooper. The court granted the motion to dismiss the Monell claims without leave to amend and struck plaintiff’s improperly filed third amended complaint. Plaintiff was granted leave to file an amended complaint naming the deputies involved and clarifying the underlying facts.

Holdings

1. The district court adopted the magistrate judge's findings and recommendations in full.
2. The motion to dismiss filed by Sacramento County Sheriff Department and Cooper was granted, and the Monell claims against those defendants were dismissed without leave to amend.
3. The court struck plaintiff's purported third amended complaint because it was filed without leave of court or a stipulation from defendants.
4. Plaintiff was granted leave to file an amended complaint naming one or both deputies involved in the January 8, 2024 incident and clarifying the facts underlying his claims.

Questions Presented

1. Whether the district court should adopt the magistrate judge's findings and recommendations when no party filed objections.
2. Whether the Monell claims against the Sacramento County Sheriff's Department and Cooper should be dismissed without leave to amend.
3. Whether plaintiff's unauthorized third amended complaint should be stricken.
4. Whether plaintiff should receive leave to file an amended complaint naming the deputies involved and clarifying the facts underlying his claims.

Disposition

other