Legal Opinion

Johns v. County of San Diego

Court of Appeals for the Ninth Circuit

Decided June 2, 1997No. 96-55055PublishedCited by 342 opinions

1Opinion of the Court

*876OPINION

THOMAS, Circuit Judge.

Hans Johns (“Johns”), his minor son Casey Johns (“Casey”) and David Funderburk (“Funderburk”) appeal pro se the district court’s dismissal with prejudice of their 42 U.S.C. § 1983 complaint alleging that their constitutional rights were violated when the defendants stopped, towed, and stored a car driven by Casey. We affirm the dismissal with prejudice as to Funderburk. We agree that the dismissal of Johns and Casey was appropriate. However, because the dismissal should not have been made with prejudice, we remand so that the district court may enter the dismissal…

2Cases cited9 opinions

  1. Michael Henry Ferdik v. Joe Bonzelet, SheriffCourt of Appeals for the Ninth Circuit · 1992
  2. Wilson v. GarciaSupreme Court of the United States · 1985
  3. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
  4. C.E. Pope Equity Trust v. United States of America, Richard L. Stradley, Trustee, Etc. v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1987
  5. Tse-Ming Cheung, M.D. v. Youth Orchestra Foundation of Buffalo, Inc., Anne Luchsinger, John Potts, and Ansgarius AylwardCourt of Appeals for the Second Circuit · 1990

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3Cited by342 opinions

  1. Simon v. Hartford Life, Inc.Court of Appeals for the Ninth Circuit · 2008
  2. Fair Housing of Marin, a California Non-Profit Corporation v. Jack Combs, D.B.A. Waters Edge ApartmentsCourt of Appeals for the Ninth Circuit · 2002
  3. Myers v. Loudoun County Public SchoolsCourt of Appeals for the Fourth Circuit · 2005
  4. Harris v. ApfelCourt of Appeals for the Fifth Circuit · 2000
  5. Anna Harris v. Edna Itzhaki Rafael ItzhakiCourt of Appeals for the Ninth Circuit · 1999

337 more not listed; retrieve them via the Exa API.

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