HONEY v. DISTELRATH

No. 98-55219.

195 F.3d 531 (1999)

Bill HONEY, Plaintiff-Appellant, v. John DISTELRATH, Chief of Police; West Covina Police Department; James E. Starbird, City Manager; City of West Covina, a municipal corp., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1999.


Attorney(s) appearing for the Case

Larry J. Roberts, Ventura, California, James Michael Dorn, Chino, California, for the plaintiff-appellant.

Jeffrey Wertheimer, Rutan & Tucker, Costa Mesa, California, for the defendants-appellees.

Before: FLETCHER, D.W. NELSON, and BRUNETTI, Circuit Judges.


B. FLETCHER, Circuit Judge:

Bill Honey appeals the Fed. R. Civ. Pro. 12(c) dismissal of his 42 U.S.C. § 1983 action alleging that he was denied procedural due process when he was fired from his position as a prison guard. The district court granted appellees' motion for judgment on the pleadings, holding that Honey received adequate due process in an earlier state court mandamus proceeding, and that his suit was therefore barred by Parratt v. Taylor, ...

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