Delew v. Wagner
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SNEED, Circuit Judge:
Plaintiffs Michael C. Delew and H. Roy and Vickie Mayberry (“the Delews”)1 appeal the district court’s dismissal of their suit under 42 U.S.C. § 1983. We must decide whether the Delews’ complaint states a claim for relief under section 1983. We conclude that it does. We therefore remand with instructions consistent with this opinion.
I
BACKGROUND
Erin Rae Delew died when her bicycle was struck by a vehicle driven by Janet Kathleen Wagner. An investigation undertaken by the Las Vegas Metropolitan Police Department (“LVMPD”) and Nevada Highway Patrol (“NHP”) ultimately found…
2Cases cited9 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
- Eddie Lopez v. Dept. Of Health ServicesCourt of Appeals for the Ninth Circuit · 1991
- Delores Marie Swekel v. City of River Rouge, Gregory Harrington, William Abair, Johnson Taylor, William Cooper, and David IsraelCourt of Appeals for the Sixth Circuit · 1996
- John R. Stone v. The Travelers CorporationCourt of Appeals for the Ninth Circuit · 1995
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3Cited by61 opinions
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- Morales v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2000
- Harbury v. DeutchCourt of Appeals for the D.C. Circuit · 2000
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