Hanson
Hanson v. County of San Bernardino
Opinion
Lead Opinion
MEMORANDUM **
Gerald Hanson appeals pro se the district court’s order dismissing his action against over 100 defendants, alleging theft of a pick-up truck and improper investigation by animal control officers, under the Racketeer Influenced Corrupt Organizations Act, 18 U.S.C. § 1961 (“RICO”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal for failure to state a claim. Vestar Dev. II v. Gen. Dynamics Corp., 249 F.3d 958, 960 (9th Cir.2001). We affirm.
We reject Hanson’s contention that the district court improperly construed his RICO claim as a claim under 42 U.S.C. § 1983 . See Lopez v. Dep’t of Health Servs., 939 F.2d 881, 882-83 (9th Cir.1991) (per curiam) (holding that courts must liberally construe civil rights pro se pleadings); see also Smith v. Jackson, 84 F.3d 1213, 1217 (9th Cir.1996) (holding RICO complaint subject to dismissal without leave to amend where underlying conduct did not constitute “racketeering activity”).
The district court properly dismissed Hanson’s action, construed as a claim for damages under 42 U.S.C. § 1983 , because his action, if successful, would necessarily imply the invalidity of any conviction…