Corbin
Corbin v. County of Orange
Opinion
Lead Opinion
MEMORANDUM **
Sue Corbin appeals pro se the district court’s judgment dismissing with prejudice her action under 42 U.S.C. § 1983 for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal. Lee v. City of Los Angeles, 250 F.3d 668, 679 (9th Cir.2001). We reverse and remand.
Corbin alleged that Orange County deputy sheriffs violated her Fourth Amendment rights when they stopped Corbin and her elderly mother even though Corbin committed no traffic infraction, and then searched bags and packages in Corbin’s locked hatchback after Corbin said her license was in her wallet under the driver’s seat. These allegations are sufficient to state a claim. See United States v. Colin, 314 F.3d 439, 442 (9th Cir.2002) (traffic stop must be based on “reasonable suspicion” that traffic violation has occurred); Knowles v. Iowa, 525 U.S. 113,117-18 , 119 S.Ct. 484 , 142 L.Ed.2d 492 (1998) (traffic citation cannot be the basis of full search of car).
Corbin has also stated a claim for violation of the Equal Protection Clause of the Fourteenth Amendment by alleging that the deputy sheriffs violated her rights because of her…