Opinion · Court of Appeals for the Ninth Circuit
Frank Finley v. Baxter Rittenhouse
Frank Finley v. Baxter Rittenhouse, 416 F.2d 1186 (9th Cir. 1969)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1969-10-20
- Topic
- general
How later courts describe this case
- conclusory allegations of due process denials insufficient to süpport § 1983 claim
Citator
UpLaw has not yet analyzed Frank Finley v. Baxter Rittenhouse. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 15 opinions
FINLEY v. RITTENHOUSE,416 F.2d 1186(9th Cir. 1969)
Frank FINLEY, Plaintiff-Appellant, v. Baxter RITTENHOUSE,
Defendant-Appellee.
No. 23427.
United States Court of Appeals, Ninth Circuit.
October 20, 1969.
Page 1187
Thomas C. Lynch, Atty. Gen., Los Angeles, Cal., for appellee.
Before BROWNING and DUNIWAY, Circuit Judges, and TAYLORfn*, District Judge.
Ten years later, he brought this civil action for damages under the Civil Rights Act,42 U.S.C. § 1983, alleging that the appellee, the police officer who arrested him for the above offense, had subjected him to false imprisonment and had unlawfully taken several items from his person, which were later admitted in evidence at his trial.
On two occasions, the trial court dismissed appellant's complaint1and directed him to file an amended complaint setting out the particular facts upon which he based his claim that appellee had violated his civil rights. Appellant failed to allege such specific facts, and the trial court dismissed his action.
Appellant's conclusory allegations, unsupported by any underlying factual details, were insufficient to state a claim for relief under42 U.S.C. § 1983. Lee v. Wilson, 363 F.2d 824 (9th Cir. 1966); Stiltner v. Rhay,322 F.2d 314, 316 n. 4 (9th Cir. 1965). The court clearly had the power under Rule 41(b), Federal Rules of Civil Procedure, to dismiss the action for failure to comply with its orders. Link v. Wabash R.R.,370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962); Agnew v. Moody,330 F.2d 868, 871 (9th Cir. 1964); Maddox v. Shroyer, 112 U.S.App.D.C. 318,302 F.2d 903, 904 (1962); Package Machinery Co. v. Hayssen Mfg. Co.,266 F.2d 56(7th Cir. 1959).
Affirmed.Page 1188
- Honorable Fred M. Taylor, United States District Judge for the District of Idaho, sitting by designation. ↩
- In the first order of dismissal, entered on May 21, 1968, the trial court properly dismissed appellant's claim against the City of Pasadena, County of Los Angeles, and State of California with prejudice, on the ground that these defendants were immune from liability under the federal civil rights statutes under the Supreme Court's ruling in Monroe v. Pape,365 U.S. 167, 81 S.Ct. 473, 5 L. Ed.2d 492 (1961). ↩