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SMITH v. CITY OF FONTANA

No. 82-5896.

818 F.2d 1411 (1987)

Sonja Renee SMITH, as Administratrix of the Estate of Rufus A. Smith, Sr., Deceased, as Guardian Ad Litem for the minor children of the Deceased, and individually; and Marcus Smith, a minor; Netra Smith, a minor; Anthony Smith, a minor; Jarren Smith, a minor; Sherri Smith, a minor; Arkillius Smith, a minor; and Tashieka Smith, a minor, Rufus Anthony Smith, Jr., individually, Plaintiffs-Appellants, v. The CITY OF FONTANA, a municipal corporation; Robert Mejia; Larry Smith; Nathan A. Simon; Charles A. Koehler; Ben Abernathy; Bill Freeman; Donald F. Day; William Fragness; Jack Ratelle; John M. Rager; and Kathy Wilson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 6, 1987.

As Amended on Denial of Rehearing and Rehearing May 5, 1987.

As Amended July 7, 1987.

Attorney(s) appearing for the Case

Andrena G. Dancer, Upland, Cal., for plaintiffs-appellants.

Bradley C. Withers, David L. Shain, Cotkin, Collins & Koltz, Los Angeles, Cal., for defendants-appellees.

Before TANG, ALARCON and NORRIS, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 5, 1987.

NORRIS, Circuit Judge:

Plaintiffs filed this civil rights action under 42 U.S.C. § 1983 (1982) and other provisions of the Civil Rights Act. The district court dismissed their complaint for failure to state a claim on the ground that relief under section 1983 was barred by Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), and...

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