The following excerpt is from Guess v. Lopez, No. 2:13-cv-2652 AC P (E.D. Cal. 2014):
To state a claim for conspiracy under section 1983, a plaintiff must plead specific facts that suggest a mutual understanding among conspirators to deprive plaintiff of his constitutional rights. Duvall v. Sharp, 905 F.2d 1188, 1189 (8th Cir.1990) (per curiam). Conclusory allegations are not sufficient. Woodrum v. Woodward County, 866 F.2d 1121, 1126 (9th Cir.1989); Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir.1980). Moreover, any alleged conspiracy to apply an R suffix custody designation states no claim under 1983 because plaintiff does not show a violation of his constitutional rights by that custody status. The complaint will be dismissed but plaintiff will be granted leave to amend.
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