Can a plaintiff bring a civil action against an illegal immigrant who allegedly contacted a law enforcement officer who appeared on the scene of an incident where plaintiff was injured?

MultiRegion, United States of America

The following excerpt is from Yegorov v. Daniil, No. 2:18-cv-00601-MCE-GGH (E.D. Cal. 2018):

In the body of the complaint, plaintiff states that defendant is illegally in the United States, that the two parties apparently had a confrontation over treatment given to plaintiff's children by defendant, during the course of which defendant is alleged to have contacted a law enforcement officer who appeared on the scene an injured plaintiff. Although the possibility is slim, there is nonetheless a possibility that plaintiff is attempting to bring suit against not just plaintiff, but also a law enforcement officer who used unreasonable force and, therefore, suggests the slim possibility he is attempting to alleged a claim against one or both of the individuals pursuant to 42 U.S.C. section 1983. Given the deference that must be given to pro se litigants as discussed above in the screening section of this Order, see Haines v. Kerner, supra, the court will here indulge this possibility.

5. 42 U.S.C. section 1983

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