[Download] "Smith v. City of Fontana" by United States Court of Appeals for the Ninth Circuit * Book PDF Kindle ePub Free

eBook details

Title: Smith v. City of Fontana
Author : United States Court of Appeals for the Ninth Circuit
Release Date : January 06, 1987
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

Plaintiff filed this civil rights action under 42 U.S.C. ? 1983 (1982) and other provisions of the Civil Rights Act. The district court dismissed their complaint for failure to state a claim on the grounds that relief under section 1983 was barred by Parratt v. Taylor, 451 U.S. 527 (1981), and Rutledge v. Arizona Bd. of Regents, 660 F.2d 1345 (9th Cir. 1981), affd on other grounds sub nom. Kush v. Rutledge, 460 U.S. 719 (1983). We reverse on the basis or recent Supreme Court and Ninth Circuit authority holding that Parratt and its progeny are inapplicable to civil rights actions asserting substantive as opposed to purely procedural due process violations.