Sasin

Sasin v. County of Kings

Good Law
67 F. App'x 413
United States Court of Appeals for the Ninth CircuitJune 5, 2003No. 02-15688; D.C. No. CV-00-6224-REC-DLBCalifornia1,511 words

Opinion

Lead Opinion

MEMORANDUM **

Wesley Sasin, dba California Pawn Shop, appeals the district court’s granting of three motions to dismiss for failure to state a claim, and one motion for summary judgment in favor of defendants County of Kings, et al. The district court found that the defendants did not violate Sasin’s rights under California laws and federal due process protection in their seizure of two rings held by Sasin in his pawn shop, and by failing to return them to him. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

The district court allowed Sasin to file a Fifth Amended Complaint before ultimately disposing of all claims in three separate orders finding that Sasin failed to state a claim as to all claims other than his Fourth Amendment and pre-deprivation procedural due process claims involving Deputy Hershberger, and the claim against the *415 County of Kings. The remaining claims were disposed of in the district court’s final order granting summary adjudication in favor of Deputy Hershberger and the County of Kings.

California provides certain procedures when police want to seize property, believed to be stolen, which is in the possession of a pawnbroker. Cal. Bus.…

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