Wasson
Wasson v. Riverside County
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…