CAMPBELL v. COUNTY OF SAN BERNARDINO

No. 81-5037.

705 F.2d 1128 (1983)

Stuart CAMPBELL and Douglas Campbell, Plaintiffs-Appellants, v. COUNTY OF SAN BERNARDINO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1983.


Attorney(s) appearing for the Case

Stuart Campbell, pro se.

William J. Genego, Los Angeles, Cal., Sheryl Gordon McCloud, Toluca Lake, Cal., for plaintiffs-appellants.

Joseph Arias, San Bernardino, Cal., for defendant-appellee.

Before GOODWIN, TANG and FLETCHER, Circuit Judges:


ORDER

The judgment of dismissal under Fed.R. Civ.P. 12(b)(6) is vacated. Construing the plaintiff's complaint liberally, as we must, we cannot say as a matter of law that under no conditions can it be said to state a claim. Colorable claims of Fourth Amendment and due process violations appear to have been asserted.

The premature termination of pro se cases under Rule 12(b)(6) is sometimes counter-productive. It creates extra work for both the trial...

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