James

MEMORANDUM **

Calvin James, incarcerated at the time he filed this action, appeals pro se from the district court’s order dismissing without prejudice his civil rights complaint alleging that Horizon Airlines and the Spokane Airport police discriminated against him when he attempted to refund an airline ticket voucher. We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We review de novo the *607 district court’s dismissal under 28 U.S.C. § 1915 . Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm in part, reverse in part and remand.

Because the first amended complaint alleged that Horizon Airlines would not have reported James to airport police had he been a white passenger refunding an airline ticket voucher, the district court erred by dismissing James’ 42 U.S.C. § 1981 claim against Horizon Airlines. See Sherman v. Yakahi, 549 F.2d 1287, 1290 (9th Cir.1977); cf. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163 , 113 S.Ct. 1160, 1163 , 122 L.Ed.2d 517 (1993) (holding that no heightened pleading standard applies in civil rights cases alleging municipal liability). Accordingly, we reverse the district court’s order…