John Cobb v. Alan Dyemartin

MEMORANDUM

John Cobb appeals pro se from the district court’s judgment dismissing for failure to state a claim his 42 U.S.C. § 1983 action alleging various California state law and federal claims arising from a traffic stop. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and for an abuse of discretion the denial of leave to amend, Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We affirm in part, vacate in part, and remand.

The district court properly dismissed Cobb’s claims against defendants Lansdowne, Hansen, Goldsmith, the City of San Diego, the San Diego Police Department, the San Diego County District Attorney, and the San Diego County Sheriffs Department because Cobb failed to allege facts demonstrating that they participated in, directed, or knowingly failed to prevent the alleged violations at issue. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (“There is no respondeat superior liability under section 1983.”); Ivey v. Bd. of Regents of Univ. of Alaska, 673 F.2d 266, 268 (9th Cir.1982) (a liberal interpretation of a pro se…