What is the test for dismissing the First and Second Claims?

In addition to the duplicative nature of the allegations in the First claim, the conclusory allegations therein of excessive force and a due process violation fail to state a claim upon which relief may be granted. He asserts that he was deprived of "the right to be free from excessive use of force," and "deprived of liberty without due process of law." Id. at 15. His mere reference to a right to be free from excessive force is insufficient to state a cognizable claim for relief.¹ See Clegg v. Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir. 1994) ("[t]he court is not required to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged."). And as discussed below, plaintiff fails to state a cognizable due process claim. For these reasons, the First claim should be dismissed.