Legal Opinion
Rizzo v. Dawson
Court of Appeals for the Ninth Circuit
Decided December 12, 1985No. 84-1602PublishedCited by 561 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
The district court dismissed the plaintiffs in forma pauperis civil rights action by a summary order before process issued. We reverse and remand.
The plaintiff’s claims of fourth amendment and equal protection violations were properly dismissed as frivolous because they lacked substance in law and fact. The plaintiff’s due process claims were similarly correctly dismissed because no cognizable liberty or property interest was alleged.1 However, the plaintiff’s claim of retaliation was sufficient to state a claim and dismissal of that claim at this stage of the…
2Cases cited18 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Haines v. KernerSupreme Court of the United States · 1972
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Perry v. SindermannSupreme Court of the United States · 1972
- Meachum v. FanoSupreme Court of the United States · 1976
13 more not listed; retrieve them via the Exa API.
3Cited by561 opinions
- Lee Max Barnett v. Helen Centoni, Correctional Officer, San Quentin State Prison S. Donahue, Correctional Officer, San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 1994
- Elmer PRATT, Plaintiff-Appellee, v. James K. ROWLAND; James Gomez, Director; Daniel Vasquez; Robert Borg, Et Al., Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1995
- Joseph Toussaint, Plaintiffs/appellees/cross-Appellants v. Daniel McCarthy Defendants/appellants/cross-AppelleesCourt of Appeals for the Ninth Circuit · 1986
- Anant Kumar Tripati v. First National Bank & TrustCourt of Appeals for the First Circuit · 1987
- Noll v. CarlsonCourt of Appeals for the Ninth Circuit · 1987
556 more not listed; retrieve them via the Exa API.