Johnson v. Johnson

Plaintiff Edward Arlen Johnson appeals from the district court’s judgment dismissing his case pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim on which relief can be granted. We have jurisdiction under 28 U.S.C. § 1291, and we affirm in part, reverse in part, and remand.

I. Background

Mr. Johnson proceeds pro se and in forma pauperis on appeal, as he did in the district court. He filed his civil rights complaint under 42 U.S.C. § 1983 asserting claims based on his arrest by the Mid-vale City Police Department (MCPD) and subsequent detainment at the Salt Lake County Jail (SLCJ).…