Lamarr Rowell v. Ewing Bros. Towing Co.

MEMORANDUM

Lamarr Rowell, a Nevada state prisoner, appeals pro se from the district court’s dismissal order and summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his arrest and the towing of his car subsequent to his arrest. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment and dismissal under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir.2007). We review for an abuse of discretion a dismissal for failure to serve. Puett v. Blandford, 912 F.2d 270, 276 (9th Cir.1990). We affirm in part, vacate in part, and remand.

The district court granted summary judgment on Rowell’s due process claims after concluding that the defendant police officers were not responsible for the sale of Rowell’s car. However, the district court did not address Rowell’s due process claim regarding the lack of notice about his car being towed. Rowell stated in his deposition and other court filings that defendant Hiddema was responsible for the towing; that she knew that the address she provided on the impoundment report was…