O'Brien

O'Brien v. United States

Good Law
73 F. App'x 958
United States Court of Appeals for the Ninth CircuitAugust 21, 2003No. 02-16587; D.C. No. CV-97-00256-DWH (RAM)California604 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Thomas O’Brien filed suit against the United States and amended his complaint once. The district court dismissed the case, pursuant to Federal Rule of Civil Procedure 12(b)(6), on the ground that the amended complaint failed to state a claim on which relief can be granted. We reverse and remand.

Plaintiff alleges, in essence, that agents of the Internal Revenue Service incorrectly suspected him of laundering drug money; threatened him with criminal prosecution if he did not confess to laundering drug money and pay taxes that, in fact, he did not owe; and falsely told his employer that he was laundering drug money, on which he was not paying taxes, causing him to lose promotions that he deserved. According to the amended complaint, Plaintiff did not pay the additional taxes that the IRS agents had wrongly tried to exact. For present purposes we must take as true all the allegations of the amended complaint. Cooper v. Pickett, 137 F.3d 616, 623 (9th Cir.1997).

Dismissal without leave to amend is improper unless it is clear that the complaint could not be saved by further amendment. See Polich v. Burlington N., Inc., 942 F.2d 1467, 1472 (9th Cir.1991)…

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