Chris Rowenhorst v. Viola Mitchell Tracy L. Brown

981 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Chris ROWENHORST, Plaintiff-Appellant, v. Viola MITCHELL; Tracy L. Brown, Defendants-Appellees. No. 92-55199. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 28, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Chris Rowenhorst appeals the district court's dismissal of his action against Internal Revenue Service Officers Viola Mitchell and Tracy L. Brown. Rowenhorst alleged that the defendants violated his fourth, fifth, and fourteenth amendment rights by falsely reporting that he assaulted them following his refusal to make payment for delinquent federal income taxes. The district court dismissed the action on the grounds that Rowenhorst failed to allege either a violation of a clearly established constitutional right, or a claim sufficient to overcome the defendants' qualified immunity defense. We have jurisdiction under 28 U.S.C. § 1291 ,…