Taylor

Taylor v. Garcetti

Good Law
55 F. App'x 853
United States Court of Appeals for the Ninth CircuitFebruary 12, 2003No. 02-55325; D.C. No. CV-01-05676-DTCalifornia665 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Albert Taylor brought this action under 42 U.S.C. § 1983 against the former Los Angeles County District Attorney, the current District Attorney, two Deputy District Attorneys and the County of Los Angeles. Taylor alleges civil rights violations stemming from civil and criminal child support proceedings that the defendants initiated against him and that were ultimately dismissed. The District Court dismissed Taylor’s First Amended Complaint with prejudice and without leave to amend, pursuant to Federal Rule of Civil Procedure 12(b)(6). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s dismissal for failure to state a claim under Rule 12(b)(6). Van Buskirk v. Cable News Network, Inc., 284 F.3d 977, 980 (9th Cir. 2002). We may not dismiss the complaint “unless it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Id. (internal quotation marks and citations omitted). That standard has been met here.

The individual defendants are entitled to absolute prosecutorial immunity from Taylor’s claims against them in their individual…

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