David

David v. Baker

Good Law
129 F. App'x 358
United States Court of Appeals for the Ninth CircuitApril 14, 2005No. 03-55736California1,419 words

Opinion

Lead Opinion

MEMORANDUM **

The district court dismissed with prejudice Plaintiffs’ federal civil rights claims under 42 U.S.C. §§ 1983 and 1985(3) for failure to state a claim, Fed.R.Civ.P. 12(b)(6), and, alternatively, on the ground that Defendants are entitled to qualified immunity. Consequently, the district court also dismissed without prejudice Plaintiffs’ supplemental state law claims.

We review de novo the dismissal of Plaintiffs’ complaint and consider this case in the light of well-established Rule 12(b)(6) principles. We take Plaintiffs’ factual allegations as true and construe the complaint in the light most favorable to Plaintiffs. Galbraith v. County of Santa Clara, 307 F.3d 1119, 1121 (9th Cir.2002). Dismissal is proper “only if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Gibson *360 v. United States, 781 F.2d 1334 , 1337 (9th Cir.1986) (internal quotations and citations omitted). Moreover, “notice pleading” is sufficient in actions under § 1983 and § 1985. Galbraith, 307 F.3d at 1126 .

Applying these standards, we find that Plaintiffs’ complaint is sufficient to survive a motion to dismiss…

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