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HARVEY v. WALDRON

No. 98-36112.

210 F.3d 1008 (2000)

William E. HARVEY, Plaintiff-Appellant, v. David F. WALDRON, individually and in his official capacity as an investigator for the Montana Department of Revenue; State of Montana, Department of Revenue; Jesse Johnson, Jr., individually and in his official capacity as a Detective in the Billings Police Department; Dave Comfort, individually and in his official capacity as a Detective in the Billings Police Department; Terry St. John, individually, and in his official capacity as a Detective in the Billings Police Department; Billings, Montana, Police Department; Pedro Hernandez, individually, and in his official capacity as Justice of the Peace for Yellowstone County; Dale R. Mrkich, individually, and in his official capacity as Deputy County Attorney for Yellowstone County, Montana; Yellowstone County, Montana; City of Billings, Montana, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 2000

Attorney(s) appearing for the Case

William E. Harvey, Pro per, Littleton, Colorado, for the plaintiff-appellant.

Randall G. Nelson, Nelson Law Firm, Billings, Montana; Casey Heitz and Thomas D. Gai, Deputy Yellowstone County Attorneys, Billings, Montana, for the defendants-appellees.

Before: REINHARDT, DAVID R. THOMPSON, and T.G. NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

William Harvey appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action, alleging the City of Billings, the County of Yellowstone, Justice of the Peace Pedro Hernandez, and various individual officials violated his constitutional rights by illegally seizing and permanently depriving Harvey of gaming devices found on his property. We have jurisdiction under 28 U.S.C. § 1291. We affirm in part and reverse in...

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