Estate of Amos ex rel. Amos v. City of Page

Good Law
2001 Daily Journal DAR 7767·257 F.3d 1086·2001 Cal. Daily Op. Serv. 6313·2001 U.S. App. LEXIS 16792
United States Court of Appeals for the Ninth CircuitJuly 26, 2001No. 99-16214California3,648 words

Opinion

Lead Opinion

Wallace, J.

Walter Amos (Trustee), trustee of the estate of his deceased son, Burton Amos (Amos), appeals from a decision of the district court dismissing his action for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Trustee brought this 42 U.S.C. § 1983 action against the City of Page, Arizona, the City of Page Police Department, and several Page police officers (collectively, City), alleging that the City violated Amos’s substantive due process and equal protection rights when police officers conducted a deficient and ineffectual search operation for Amos after he fled the scene of an automobile accident and disappeared into the desert. Trustee contends that the City deprived Amos of his right to life, personal security, and bodily integrity; that the City’s discriminatory search policy caused Amos injury; and that the City’s inadequate police training evidenced a “deliberate indifference” to the constitutional rights of Amos and caused him injury. The district court had jurisdiction pursuant to 28 U.S.C. § 1331 . We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

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