Harold J. Rucker v. City of Oakland Officer Jackson, Abandoned Auto Div. Officer Conner, Abandoned Auto Div. And Oakland Police Department

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Harold J. RUCKER, Plaintiff-Appellant, v. CITY OF OAKLAND; Officer Jackson, Abandoned Auto Div.; Officer Conner, Abandoned Auto Div.; and Oakland Police Department, Defendants-Appellees. No. 93-17208. 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 Harold Rucker appeals pro se the district court's summary judgment in favor of the City of Oakland and two of its police officers (referred to collectively as "the City") in his 42 U.S.C. Sec. 1983 action, alleging that the City's towing of his automobile, which had been deemed abandoned, deprived him of property without due process of law in violation of the Fourteenth Amendment. Rucker contends the district court erred by ruling that the action was barred by res judicata based on a final judgment on the same claim in small claims court. We have…