Jonah Martinez v. Alex Villanueva

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 20 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JONAH MARTINEZ; et al., No. 20-56233

Plaintiffs-Appellants, D.C. No. 2:20-cv-02874-AB-SK v.

ALEX VILLANUEVA; et al., MEMORANDUM*

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding

Argued and Submitted October 18, 2021 Pasadena, California

Before: KLEINFELD, R. NELSON, and VANDYKE, Circuit Judges. Concurrence by Judge KLEINFELD

Appellants appeal from the district court’s grant of a motion for judgment on

the pleadings. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and

remand for further proceedings consistent with this disposition.

We resolve this case for the reasons set forth in McDougall v. County of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 1 The parties are familiar with the facts, so we discuss them here only as necessary.…