BRIAN W. STANGER, PLAINTIFF-APPELLANT,
v.
CITY OF SANTA CRUZ ET AL., DEFENDANTS-APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A dismissal of a prisoner's civil rights complaint with prejudice for failure to state a claim is appealable, and prisoners are generally entitled to process and an opportunity to amend.
A state prisoner filed a civil rights action against police and city officials, alleging harassment, false arrest, and conspiracy. The district court …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 42 U.S.C. § 1986 cases and more on FLexlaw
DUNIWAY, Circuit Judge:
Brian Stanger, a state prisoner, filed a civil rights action in forma pauperis under 42 U.S.C. §§ 1983, 1985(a) and (3), and 1986 against various members of the Santa Cruz Police Department and several city officials. Without issuing summons, the district court dismissed the complaint, with prejudice, for failure to state a claim upon which relief could be granted. Stanger appeals.
Dismissal of a complaint “with prejudice” for failure to state a claim upon which relief can be granted is a dismissal of the action and is appealable. See Scott v. Eversole Mortuary, 9 Cir., 1975, 522 F. 2d 1110, 1112.
In Potter v. McCall, 9 Cir., 1970, 433 F. 2d 1087, 1088, we summarized a long line of cases in this circuit holding that a prisoner bringing a civil rights action is entitled, among other things, to have process issued and served, and an opportunity to amend his complaint to overcome any deficiency unless “it clearly appears . . . that the deficiency cannot be overcome by amendment.” (emphasis added) See also Crawford v. Bell, 9 Cir., 1979, 599 F. 2d 890, 893; Harmon v. Superior Court, 9 Cir., 1962, 307 F. 2d 796, 798. Stanger’s complaint alleged systematic harassment and unauthorized surveillance of his business establishment by the Santa Cruz Police, false arrest, and a conspiracy between the Chief of Police and the named members of the Planning Commission and City Council to deprive him of a license to do business without due process and in violation of his right to equal protection. Unlike the complaint in Worley v. California Department of Corrections, 9 Cir., 1970, 432 F. 2d 769, this complaint alleges, albeit imperfectly, actions which, if proven, could provide some basis for at least some of the claims made.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Franklin v. Ms. Murphy and Hoyt Cupp, 745 F.2d 1221 (9th Cir. 1984)
-
Maurer v. Individually & AS Members OF LOS Angeles Cnty. Sheriff's Dep't, 691 F.2d 434 (9th Cir. 1982)
-
Anant Kumar Tripati v. First Nat'l Bank & Tr., 821 F.2d 1368 (9th Cir. 1987)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harmon v. The Superior Court OF the State OF Cal., 307 F.2d 796 (9th Cir. 1962)
- Potter v. McCALL, 433 F.2d 1087 (9th Cir. 1970)
- Scott v. Eversole Mortuary, 522 F.2d 1110 (9th Cir. 1975)
- Crawford v. Griffin Bell, 599 F.2d 890 (9th Cir. 1979)
- Worley v. Cal. Dep't OF Corr., 432 F.2d 769 (9th Cir. 1970)