John Stuart Robertson v. United States

960 F.2d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Stuart ROBERTSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 88-4189. United States Court of Appeals, Ninth Circuit. Submitted March 30, 1992. * Decided April 17, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 John Stuart Robertson appeals pro se the district court's dismissal of his claim as frivolous under to 28 U.S.C. § 1915 (d). Finding that Robertson's complaint makes out a cognizable basis for relief, we reverse. FACTUAL AND PROCEDURAL BACKGROUND 3 In his complaint, Robertson alleged that Bureau of Alcohol, Tobacco and Firearms ("BATF") agents stole property from his automobile during a search conducted in Bellingham, Washington. Robertson alleges that the agents arrested him and impounded and searched his vehicle. After approximately nine months, BATF freed Robertson from custody and released his vehicle. 4 When he arrived at his home in…