Legal Opinion
Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police Agent
Court of Appeals for the Ninth Circuit
Decided May 11, 1990No. 87-1969PublishedCited by 6,074 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
Jena Balistreri appeals, pro se, the district court's dismissal of her 42 U.S.C. § 1983 complaint for failure to state a claim. The district court’s decision is published at 656 F.Supp. 423. We affirm in part, reverse in part, and remand.
FACTS
Balistreri’s complaint, prepared by an attorney, alleges the following facts.
On February 13, 1982, Balistreri was severely beaten by her husband. The Pacifi-ca police officers who responded to her call for assistance removed the husband from the home, but refused to place him under arrest, and were “rude, insulting and…
2Cases cited22 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Parratt v. TaylorSupreme Court of the United States · 1981
- DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
- Martinez v. CaliforniaSupreme Court of the United States · 1980
- Sterling Usher v. City of Los Angeles, Richard A. Gonzales, Michael E. Melton, Jose E. Ramirez, Joe Rios, and Robert L. VannCourt of Appeals for the Ninth Circuit · 1987
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3Cited by6,074 opinions
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