Swan v. Cochran

56 F.3d 73 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William Orr SWAN; Kathleen Swan, Plaintiffs-Appellants, v. David COCHRAN, Compensation Adjudicator III, Crime Victims Compensation Program, Department of Labor and Industries of the State of Washington, Defendant-Appellee. No. 94-36111. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 19, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 William Orr Swan and Kathleen Swan appeal pro from the district court's order of dismissal. On appeal, they contend that the district court erred by dismissing their claims against defendant David Cochran, a Washington state official: (1) in his official capacity and under the federal mail fraud statute, 18 U.S.C. Sec. 1341 , for failure to state a claim; and (2) in his private capacity on the ground of qualified immunity. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review a dismissal…