Johnson v. San Francisco Sheriff's Department

Summary

The United States District Court for the Northern District of California orders service of Kalann Johnson’s pro se civil-rights complaint against the San Francisco Sheriff’s Office and directs the defendant to respond to requests for preliminary injunctive relief and to the complaint. The court finds cognizable claims concerning deliberate indifference to health and safety, excessive force, and inadequate out-of-cell time, and dismisses the San Francisco Police Department because the complaint contains no allegations against it.

Holdings

1. Liberally construed, the complaint stated cognizable claims under the Fourteenth Amendment or Eighth Amendment, depending on whether Johnson was a pretrial or post-conviction detainee, for deliberate indifference to health and safety, use of excessive force, and inadequate out-of-cell time.
2. The complaint was construed as requesting preliminary injunctive relief, and the San Francisco Sheriff's Department was ordered to respond to Johnson's requests for injunctive relief within 21 days.
3. The San Francisco Police Department was dismissed as a defendant because Johnson made no allegations concerning that department.

Questions Presented

1. Whether the complaint stated cognizable constitutional claims under § 1983 concerning deliberate indifference to health and safety, excessive force, and inadequate out-of-cell time.
2. Whether the complaint should be construed as requesting preliminary injunctive relief and served on the San Francisco Sheriff's Department.
3. Whether the San Francisco Police Department should remain a defendant when the complaint alleged no conduct by that department.

Disposition

other