George John Turner v. Mark E. Chamberlain, Portland Police Officer R. Hunt, Portland Police Officer City of Portland

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George John TURNER, Plaintiff-Appellant, v. Mark E. CHAMBERLAIN, Portland Police Officer; R. Hunt, Portland Police Officer; City of Portland, Defendant-Appellees. No. 91-36256. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. * Decided Aug. 4, 1992. Before WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 A malicious prosecution claim is not normally cognizable under section 1983 if process is available within the state judicial system to provide a remedy. Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir.1987). A court may consider such a claim, however, when the malicious prosecution is intended to deprive a person of the equal protection of the laws or other constitutional rights. Id. at 562 . To determine whether the alleged malicious prosecution was conducted with the intent to deprive Turner of his rights, we must first decide whether he has stated a claim for…