Crowe

Crowe v. County of San Diego

Good Law
13 F. App'x 560
United States Court of Appeals for the Ninth CircuitJune 27, 2001No. 00-56415; D.C. Nos. CV-99-00241-JSR(RBB), CV-99-00283-JSR(RBB), CV-99-00253-JSR(RBB)California646 words

Opinion

Lead Opinion

MEMORANDUM *

Summer Stephan, a San Diego County deputy district attorney, appeals the district court’s denial of her 12(b)(6) motion to dismiss an action brought against her pursuant to 42 U.S.C. § 1983 . We have jurisdiction, pursuant to 28 U.S.C. § 1291 , and we affirm. This Court accepts all of the allegations of material fact in the complaint as true and will construe the allegations in the light most favorable to the plaintiffs. National Wildlife Fed’n v. Espy, 45 F.3d 1337 , 1340 (9th Cir.1995). We affirm for the reasons stated below.

Plaintiffs must allege injury to their reputation from defamation accompanied by an allegation of injury to a recognizable property or liberty interest to have an actionable claim under 42 U.S.C. *562 § 1983 . Cooper v. Dupnik, 924 F.2d 1520, 1532 (9th Cir.1991). We have clarified that: “There are two ways to state a cognizable § 1983 claim for defamation-plus: (1) allege that the injury to reputation was inflicted in connection with a federally protected right; or (2) allege that the injury to reputation caused the denial of a federally protected right.” Herb Hallman Chevrolet v. Nash-Holmes, 169 F.3d 636 , 645 (9th Cir.1999) (citing Cooper,…

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