Legal Opinion
Ove v. Gwinn
Court of Appeals for the Ninth Circuit
Decided September 4, 2001No. 00-56233PublishedCited by 319 opinions
1Opinion of the Court
SILVERMAN, Circuit Judge:
Plaintiffs appeal the district court’s Fed. R.Civ.P. 12(b)(6) dismissal of their 42 U.S.C. § 1983, RICO, unfair business practices, and battery claims. The claims arise from blood tests taken after plaintiffs’ arrests for suspicion of driving under the influence of alcohol. We affirm the district court’s dismissal of the § 1983 claim because plaintiffs failed to allege a constitutional violation. We affirm the district court’s dismissal of the RICO claim because plaintiffs failed to allege the requisite elements. Finally, we hold that the district court acted within…
2Cases cited18 opinions
- West v. AtkinsSupreme Court of the United States · 1988
- Heck v. HumphreySupreme Court of the United States · 1994
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Arizona v. FulminanteSupreme Court of the United States · 1991
- Edwards v. BalisokSupreme Court of the United States · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by319 opinions
- Frederick Jackson v. Michael BarnesCourt of Appeals for the Ninth Circuit · 2014
- Charles Byrd v. Phoenix Police DepartmentCourt of Appeals for the Ninth Circuit · 2018
- VALADEZ-LOPEZ v. ChertoffCourt of Appeals for the Ninth Circuit · 2011
- Trustees of the Construction Industry and Laborers Health and Welfare Trust Trustees of the Construction Industry and Laborers Joint Pension Trust Trustees of the Construction Industry and Laborers Vacation Trust Trustees for the Southern Nevada Laborers Local 872 Training Trust v. Desert Valley Landscape & Maintenance, Inc., and Hartford Fire Insurance Company Rich Manuli, Jr. Richard Manuli, Construction Industry Pension Construction Industry/laborers Joint Trustees Construction Industry/laborers Vacation Trustees v. Hartford Accident & Indemnity Company Hartford Fire Insurance Company Richardson Construction, Inc., and Rich Manuli, Jr. M & H Enterprises, Inc., Trustees of the Construction Industry and Laborers Health and Welfare Trust Trustees of the Construction Industry and Laborers Joint Pension Trust Trustees of the Construction Industry and Laborers Vacation Trust Trustees for the Southern Nevada Laborers Local 872 Training Trust v. Desert Valley Landscape Maintenance, Inc., and Hartford Fire Insurance Company Rich Manuli, Jr. Richard ManuliCourt of Appeals for the Ninth Circuit · 2003
- Wright v. Oregon Metallurgical Corp.Court of Appeals for the Ninth Circuit · 2004
314 more not listed; retrieve them via the Exa API.