Donald W. Keniston v. Richard L. Roberts, Bendt A. Pedersen, Vince Hecox, the County of San Bernardino, and Southern California Edison Company

Keniston filed claims under 42 U.S.C. §§ 1983 and 1985 alleging that Southern California Edison Company (“Edison”), under the auspices of the County of San Bernardino (“County”), had removed an electrical fuse and meter from and cut off electrical power to his residence without notice. The defendants moved to dismiss under Fed.R.Civ.P. 12(b)(1) and (6) for lack of subject matter jurisdiction and failure to state a claim upon which relief could be granted. The district court found that the complaint was “insufficient to provide [federal] jurisdiction,” and dismissed the action without leave to amend the complaint.

On appeal Keniston contends that, even if his original complaint failed to state a claim for relief, it did contain sufficient allegations to invoke federal jurisdiction. He argues further that because he could, by amendment, have stated a claim sufficient to withstand a 12(b)(6) motion to dismiss, it was an abuse of discretion for the court to refuse him permission to amend the complaint. We agree.

FACTS:

Keniston’s complaint alleged the following: In December 1981, while he was temporarily away from home, Edison disconnected utility hook-ups, including heat and…