Johanna Garcia v. Miami Beach Police Dept.

Plaintiff-Appellant Johanna Garcia, proceeding pro se, appeals the district court’s dismissal for failure to state a claim upon which relief could be granted of her amended complaint.

Garcia filed a complaint, pursuant to 42 U.S.C. § 1983, against the Miami Beach Police Department alleging, in sum, that officers in the police department’s Internal Affairs Division refused to seriously investigate and prosecute a case against unidentified officers who allegedly sexually assaulted her. The district court sua sponte reviewed her complaint and issued an order holding that the failure to prosecute…