Alvin Clark Shirley Clark v. City of Portland Tropfenbaum David Sweet Nancy Sexton

39 F.3d 1186 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alvin CLARK; Shirley Clark, Plaintiffs-Appellants, v. CITY OF PORTLAND; Tropfenbaum; David Sweet; Nancy Sexton, Defendants-Appellees. No. 94-35045. United States Court of Appeals, Ninth Circuit. Submitted Oct. 17, 1994. * Decided Oct. 31, 1994. Before: BROWNING, FARRIS and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Alvin and Shirley Clark appeal pro se the district court's dismissal of their 42 U.S.C. Sec. 1983 action against the City of Portland, the City's Bureau of Buildings and City employees, (collectively "City"). The Clarks contend that the City violated their Fifth and Fourteenth Amendment rights by erroneously removing a planter box from their property, destroying it and charging the Clarks with the removal and abatement costs. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 * Standard of Review 4 A dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6)…