United States Ninth Circuit

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Fortson v. L.A. City Attorney's Office, 15-55497

In action brought under 42 U.S.C. section 1983 alleging that law enforcement officials violated plaintiff's Second Amendment rights by seizing firearms and ammunition he kept in his home, and then prosecuting him for unlawful possession, the district court's dismissal is affirmed where: 1) since the record reflected that plaintiff's arrest and prosecution were based on probable cause that he possessed the weapons unlawfully, plaiintiff necessarily could not be granted relief on these claims; 2) plaintiff's Fifth and Fourteenth Amendment rights were not violated; and 3) plaintiff’s official-capacity claims fail where the California Bureau of Firearms was immune from suit under the Eleventh Amendment, and plaintiff had not sufficiently alleged an underlying constitutional violation against the Los Angeles Police Department.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/07

Judges

  • SCHROEDER

Court

  • United States Ninth Circuit

Counsel


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