Grimes
Grimes v. City of San Diego
Opinion
Lead Opinion
MEMORANDUM **
Dennis James Grimes, Jr. appeals pro se the district court’s Fed.R.Civ.P. 12(b)(6) dismissal of his 42 U.S.C. § 1983 action *743 against the City of San Diego and three police officers arising out of a traffic stop, which led to Grimes’s arrest and search. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under Fed.R.Civ.P. 12(b)(6), Johnson v. Knowles, 113 F.3d 1114, 1117 (9th Cir. 1997), and we affirm.
Grimes contends that the district court erred by dismissing his action alleging he was arrested without probable cause in violation of the Fourth Amendment and that the employees of the City of San Diego violated his liberty and due process rights by failing to take him to a magistrate, in violation of his Fourteenth Amendment rights. These contentions lack merit.
Grimes first contends that his arrest for driving without a driver’s license was improper because police officers failed to “demand” to see his license as required by Cal. Veh.Code § 12951(b). The record indicates that the officers properly asked to see Grimes’s license, and he responded by providing a privately-made…