Rudy G. Stanko v. Wade Fisher, Individually and in His Official Capacity

48 F.3d 1228 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rudy G. STANKO, Plaintiff-Appellant, v. Wade FISHER, individually and in his official capacity, Defendant-Appellee. No. 94-35503. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1995. * Decided Feb. 22, 1995. Appeal from the United States District Court for the District of Montana; No. CV-93-00100-JDS, Jack D. Shanstrom, District Judge, Presiding. D.Mont. VACATED AND REMANDED. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Rudy G. Stanko appeals pro se the district court's dismissal of his action under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. In his complaint, Stanko alleged that Montana Highway Patrol Officer Wade Fisher and four unnamed defendants violated his civil rights when Fisher arrested him and subsequently assaulted him. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 * Background 4 In his original complaint, Stanko…