John Ervin v. County of San Diego

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT JAN 5 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

JOHN LAWRENCE ERVIN, No. 19-56167

Plaintiff-Appellant, D.C. No. 3:14-cv-01142-WQH-MSB v.

COUNTY OF SAN DIEGO, ORDER AMENDING

MEMORANDUM DISPOSITION

Defendant-Appellee, AND DENYING PETITION FOR

REHEARING AND REHEARING

and EN BANC

BRENDA DALY, individually,

Defendant,

DOES, 1-10 inclusive; et al.,

Defendants.

Before: D.W. NELSON, CANBY, and SILVERMAN, Circuit Judges.

The memorandum disposition filed on August 19, 2021, is amended as

follows:

On page 2, delete:

The district court properly dismissed Ervin’s procedural due process claims

because Ervin received notice and multiple hearings before defendant County

placed Ervin’s name on the state’s Child Abuse Index.

We do not consider Ervin’s argument, newly made on appeal, that the County did not have probable cause to investigate Ervin. In re Mercury Interactive

Corp. Sec. Litig., 618 F.3d 988, 992 (9th Cir. 13 2010).

On page 2, add:

The…