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Tarabochia v. City of Longview

United States District Court, W.D. Washington, Tacoma

May 11, 2018

JOSEPH TARABOCHIA, Plaintiff,
v.
CITY OF LONGVIEW, POLICE OFFICERS BRANDEN MCNEW, SERGEANT BRIAN STREITHGUTH, and 3RD OFFICER JOHN DOE, Defendants.

          ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND DENYING MOTION FOR INJUNCTIVE RELIEF

          ROBERT J. BRYAN UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on Plaintiff's Application to Proceed In Forma Pauperis (Dkt. 1), Plaintiff's Request of Order for Injunctive Relief Preliminary Injunction Sought (Dkt. 1-2) and on review of the proposed complaint (Dkt. 1-1). The Court has considered the relevant record and the remainder of the file herein.

         On May 1, 2018, Plaintiff filed a proposed civil complaint arising from his arrest, and an application to proceed in forma pauperis (“IFP”), that is, without paying the filing fee for a civil case. Dkt. 1.

         Standard for Granting Application for IFP.

         The district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the court has broad discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied 375 U.S. 845 (1963).

         Plaintiff's Application to Proceed IFP.

         Plaintiff states that over the last 12 months, he has received the following income: $660 from disability, unemployment workers compensation or public assistance. Dkt. 1, at 1. He states that he has no cash on hand and nothing in his bank accounts. Dkt. 1, at 2. He has an automobile worth $100. Id. Plaintiff alleges that he has $660 a month in living expenses. Id. He further states he “lost livlyhood [sic] at the hands of W.D.F.W. and suffer from traumatic brain injury.” Id.

         Review of the Complaint.

         The Court has carefully reviewed the complaint in this matter. Because Plaintiff filed this complaint pro se, the Court has construed the pleadings liberally and has afforded Plaintiff the benefit of any doubt. See Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir.1988).

         Plaintiff's proposed complaint, entitled “Complaint - Unlawful - Arrest Search Conducted in Violent Abusive Manner 28 U.S.C. 1343 Fed. Civ. P. 8 (a), ” names as defendants the City of Longview, Police Officers Branden McNew, Brian Streithguth and “John Doe.” Dkt. 1-1, at 1. Plaintiff asserts that on May 5, 2015, Officer McNew stopped him for a “minor driving infraction.” Dkt. 1-1, at 2. He alleges that after he produced his driver's license, Officer McNew “yelled at Plaintiff and ordered that he produce his registration and proof of insurance.” Id., at 2-3. Plaintiff asserts that he told the officer that he did not have them and that the items were stolen in a break in of his vehicle. Id., at 3. He asserts that Officer McNew “aggressively” ordered him out of the vehicle, and Plaintiff “retreated (backwards).” Id. Plaintiff's proposed complaint then states:

At most McNew's lawful authority, provided that he could simply write [Plaintiff] a citation-infraction for his failure to produce the documents. Instead, McNews [sic] erratic and unlawful behavior caused Plaintiff to retreat toward his vehicle, with his back to McNew Plaintiff dialed 911 for police assistance.
When McNew realized that Plaintiff called 911 after hearing “911 whats [sic] your emergency” he totally lost all control of himself.
McNew physically assaulted [Plaintiff] knocking his cell phone to the ground and slamming his foot onto it (breaking it) and kicked it across the street. Defendant yelled, “Joe, you f__ Ass__, Don't you ever call the f__, police, I am the f__ police, you're not in Wahkiakum your [sic] in f__ Longview.” McNew grabbed onto Plaintiff's hair and ears and threw him to the pavement. [Plaintiff] believed that Officer McNew was going to kill him as he assaulted and repeatedly choked him.

Id., at 3-4. Plaintiff maintains that in around a minute two more officers “piled onto the motionless Plaintiff.” Id., at 4. He alleges that none of the officers had body ...


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