Hernandez

Hernandez v. Remco Hydraulics, Inc.

Good Law
8 F. App'x 854
United States Court of Appeals for the Ninth CircuitMay 8, 2001No. 00-15834; D.C. CV-98-03987-SICalifornia355 words

Opinion

Lead Opinion

MEMORANDUM *

Appellants John F. Hernandez, Leslie R. Scales, and Hunter Robinson Hernandez appeal the district court’s grant of a motion to dismiss their claims under federal and state law brought after the tragic death of five-year-old Forrest Hernandez. Because the appellants do not state a claim under federal law for which relief could be granted, we affirm.

The appellants’ claims brought pursuant to the citizen suit provisions of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6972 , failed to comply with the statute’s pre-filing notice requirements. Id. at § 6972(b)(1)(A). Prefiling notice is “a mandatory condition precedent for suit,” and failure to comply *856 compels dismissal. Hallstrom v. Tillamook County, 493 U.S. 20, 26 , 110 S.Ct. 304 , 107 L.Ed.2d 237 (1989).

The claims brought pursuant to 42 U.S.C. § 1983 fail to allege sufficient facts to show an unconstitutional policy or custom by Mendocino County. See Monell v. Department of Social Services, 436 U.S. 658, 691 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). The complaint also fails to allege unconstitutional official conduct. In order for the appellants to have a proper claim of unconstitutional…

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