Harvey

T.G. NELSON, Circuit Judge:

William Harvey appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action, alleging the City of Billings, the County of Yellowstone, Justice of the Peace Pedro Hernandez, and various individual officials violated his constitutional rights by illegally seizing and permanently depriving Harvey of gaming devices found on his property. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part and reverse in part.

I.

Because we are reviewing the district court’s dismissal on the pleadings of Harvey’s § 1983 action, we assume the following facts, derived from Harvey’s complaint, to be true. See Nelson v. City of Irvine, 143 F.3d 1196, 1200 (9th Cir.1998).

On November 23, 1988, defendants David F. Waldron, an investigator for the Montana Department of Revenue; and Jesse Johnson, Dave Comfort and Terry St. John, detectives with the Billings City Police Department, entered the Billings Trading Company, an antique business owned and operated solely by Harvey. These defendants entered Harvey’s place of business without invitation or a search warrant despite the fact that the business was not yet open to the public and, over Harvey’s…