Alton Turner v. City of Banning

Good Law
980 F.2d 738·1992 WL 336960·1992 U.S. App. LEXIS 35517
United States Court of Appeals for the Ninth CircuitNovember 13, 199291-55949California625 words

Opinion

Opinion

980 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alton TURNER, et al., Plaintiffs-Appellants, v. CITY OF BANNING, et al., Defendants-Appellees. No. 91-55949. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1992. * Decided Nov. 13, 1992. Before POOLE, FERNANDEZ and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The issue in this appeal is whether appellants, who pressed and lost a civil rights suit in California state court, may obtain review of the state court proceedings by a federal district court. We hold they cannot. 3 We are also asked to sanction appellants for filing a frivolous appeal. We agree the appeal is frivolous but decline to impose sanctions. I. 4 In 1988, plaintiffs-appellants (hereafter, appellants) filed a civil rights suit under 42 U.S.C. § 1983 in state superior court in California. They alleged that police officers of Banning, California had entered their house without a warrant, pushed and shoved them, and threatened…

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