Diaz v. Gates

354 F.3d 1169 David DIAZ, Plaintiff-Appellant, v. Daryl GATES; Willie L. Williams; Richard Alarcon; Richard Alatorre; Hal Bernson; Marvin Braude; Laura Chick; John Ferraro; Michael Feuer; Ruth Galanter; Nate Holden, et al., Defendants, and Bernard C. Parks, Chief of Los Angeles Police Department, Defendant-Appellee. No. 02-56818. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 8, 2003. Filed January 20, 2004. Stephen Yagman, Venice, CA, for the appellant. Janet G. Bogigian, DCA, Los Angeles, CA, for the appellee. Appeal from the United States District Court for the Central District of California; Gary A. Feess, District Judge, Presiding. D.C. No. CV-01-06400-GAF. Before BRUNETTI, T.G. NELSON, and SILVERMAN, Circuit Judges. BRUNETTI, Circuit Judge. 1 David Diaz appeals the district court's dismissal of his complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Diaz brought suit under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968 , alleging wrongful conviction and incarceration. The district court determined that Diaz failed sufficiently to plead injury to "business or property" as required to…