Jack Allen v. City of Beverly Hills

Allen appeals from the district court’s judgment dismissing his 42 U.S.C. § 1983 civil rights action pursuant to Fed.R.Civ.P. 12(b)(6). He alleged in his complaint that the City of Beverly Hills (City) had deprived him of property without due process of law when it terminated his civil service employment. Allen also contends that the district court improperly denied him leave to amend his complaint for a third time. The district court had removal jurisdiction pursuant to 28 U.S.C. § 1441 (b) and exercised jurisdiction pursuant to 28 U.S.C. § 1343 (a)(3). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Since we are reviewing a dismissal on the pleadings, we must accept Allen’s material allegations as true and construe them in the light most favorable to Allen. Ascon Properties, Inc. v. Mobil Oil Co., 866 F.2d 1149, 1152 (9th Cir.1989) (Ascon Properties). Applying this standard to the allegations in Allen’s complaint and his first and second amended complaints, see Sundance Land Corp. v. Community First Federal Savings and Loan Association, 840 F.2d 653, 655 (9th Cir.1988) (considering the facts alleged in both of appellant’s complaints),…