Clark v. City of Portland

86 F.3d 1161 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alvin CLARK; Shirley Y. CLARK, Plaintiffs-Appellants, v. CITY OF PORTLAND; Portland Sewerage Systems Administrator, Mid-County Sewer Project; Portland Environmental Services Bureau; Bonnie Morris; Scott L. Turpen; Janet Snook, Defendants-Appellees. No. 95-35062. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Alvin and Shirley Y. Clark ("Clarks") appeal the district court's dismissal for failure to state a claim in their 42 U.S.C. § 1983 action in which the Clarks alleged that the City of Portland and others violated their rights to due process and equal protection in resolving a dispute over their sewer system. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand. 3 We review a district court's dismissal for failure to state a claim de novo. Sands v.…