Johns

*876 OPINION

Hans Johns (“Johns”), his minor son Casey Johns (“Casey”) and David Funderburk (“Funderburk”) appeal pro se the district court’s dismissal with prejudice of their 42 U.S.C. § 1983 complaint alleging that their constitutional rights were violated when the defendants stopped, towed, and stored a car driven by Casey. We affirm the dismissal with prejudice as to Funderburk. We agree that the dismissal of Johns and Casey was appropriate. However, because the dismissal should not have been made with prejudice, we remand so that the district court may enter the dismissal without prejudice.

I.

The district court dismissed the complaint with prejudice as to Funderburk because a general power of attorney did not give him the right to assert Hennessey’s constitutional claims. Funderburk argues that the district court erred in dismissing the complaint with prejudice as to him. We review questions of standing de novo. Barus v. Sylvania, 55 F.3d 468, 469 (9th Cir.1995).

Funderburk attempted to assert a due process claim on behalf of Hennessey, the owner of the car, based on the fact that Hennessey had executed a general power of attorney in favor of Funderburk. However,…