Wasson

Wasson v. Riverside County

Good Law
234 F. App'x 529
United States Court of Appeals for the Ninth CircuitJune 11, 2007No. 06-55925California440 words

Opinion

Lead Opinion

MEMORANDUM **

Phillip and Meleade Wasson appeal pro se from the district court’s judgment dismissing their civil rights action alleging constitutional violations in connection with an ongoing state criminal proceeding in which the Wassons are being prosecuted for felony child abuse and other crimes. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district *530 court’s dismissal for failure to state a claim, Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998), and we review for abuse of discretion its denial of a motion to amend the complaint, Ward v. Circus Circus Casinos, Inc., 473 F.3d 994, 1000 (9th Cir.2007). We may affirm on any ground supported by the record. Steckman, 143 F.3d at 1295 . We affirm in part, vacate in part, and remand.

The district court properly dismissed the Wassons’ claim under the Hobbs Act, 18 U.S.C. § 1951 . See Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir.1980) (holding that criminal statutes do not give rise to civil liability).

The Wassons’ remaining claims were barred under Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971) because a criminal prosecution against the Wassons is pending…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.