Thomas F. Miller, Personal Representative of the Estate of China Marie Davis, Deceased v. Dorothy Jane Livingston James M. Houser Richard J. Galindo

Good Law
99 F.3d 1146·1996 WL 596227·1996 U.S. App. LEXIS 40426
United States Court of Appeals for the Ninth CircuitOctober 16, 199695-17009California922 words

Opinion

Opinion

99 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas F. MILLER, Personal Representative of the Estate of China Marie Davis, deceased, Plaintiff-Appellant, v. Dorothy Jane LIVINGSTON; James M. Houser; Richard J. Galindo, Defendants-Appellees. No. 95-17009. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1996. Decided Oct. 16, 1996. Before: WALLACE, SNEED, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Thomas F. Miller, as personal representative of the estate of China Marie Davis, deceased, appeals the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his 42 U.S.C. § 1983 action against James M. Houser and Richard J. Galindo. We have jurisdiction, 28 U.S.C. § 1291 and Fed.R.Civ.P. 54(b), and affirm. 3 Miller argues that the district court erred in holding that Houser and Galindo are absolutely immune from civil liability since his complaint alleges that they acted in reckless disregard of their duties to monitor Davis in…

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