Wynn v. City of Los Angeles

51 F.3d 284 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Melita WYNN, administrator of the Estate of Melba Terre Ramos, deceased, and as Guardian for Victor Keith Ramos, Christopher Ramos, and John Michael Ramos; JOHN TERRE, Lorenza Terre, Elsa Terre, et al., Plaintiffs-Appellants, v. CITY OF LOS ANGELES; Daryl F. Gates, Chief of Police; Thomas Bradley, Mayor, Defendants-Appellees. No. 93-56393. United States Court of Appeals, Ninth Circuit. Submitted March 8, 1995. * Decided March 22, 1995. Before: BROWNING, BOOCHEVER, and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Although most of Wynn's allegations are insufficient to state a substantive due process claim in light of DeShaney v. Winnebago County Dep't of Social Servs., 489 U.S. 189 (1989), and Balistreri v. Pacifica Police Dep't, 901 F.2d 696 (9th Cir.1990), dismissal under Fed.R.Civ.P. 12(b)(6) was premature because we can " 'conceive of facts' that would render plaintiff's claim viable." Balistreri, 901 F.2d at 701…