Nathalie Van v. Wal-Mart Stores

MEMORANDUM

Nathalie Thuy Van brought suit against Wal-Mart Stores, Inc. alleging civil rights violations, defamation, false imprisonment, and various other tort.law claims. After her attorney withdrew from the case, Van filed a second amended complaint pro se. The magistrate judge dismissed Van’s civil rights claims for failure to state a claim, granted Wal-Mart’s motion for summary judgment as to the defamation and false imprisonment claims, and awarded costs to Wal-Mart. We have jurisdiction pursuant to 28 U.S.C. § 1291 ; we affirm in part, reverse in part, and remand.

1. We review de novo a dismissal for failure to state a claim. Wilson v. Hewlett-Packard Co., 668 F.3d 1136, 1140 (9th Cir.2012). “[A]ll material facts are accepted as true and are construed in the light most favorable to the plaintiff.” Id. A pro se plaintiffs “complaint should be liberally construed, and should not be dismissed unless it appears certain that the plaintiff can prove no set of facts which would entitle him or her to relief.” Haddock v. Bd. of Dental Exam’rs of Cal., 777 F.2d 462, 464 (9th Cir.1985). The “complaint should not be dismissed if it states a claim under any legal theory, even if the…