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OVE v. GWINN

No. 00-56233.

264 F.3d 817 (2001)

Marica OVE; John Brown; Jason Forrest, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Casey GWINN, individually and as City Attorney of San Diego; William Kolender, individually and as Sheriff of San Diego County; San Diego County; City of San Diego; American Forensic Nurse, LLC; Faye Battiste Otto; Patty Kasten; Helen Samson; Therese Sansoucie; Chicago Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2001.

Attorney(s) appearing for the Case

Mary Frances Prevost, San Diego, California, for the plaintiff-appellant.

David L. Brodie, Deputy City Attorney, Office of the City Attorney, San Diego, California; Josephine M. Chow and Thomas C. Corless, Breidenbach, Buckley, Huchting & Hamblet, Los Angeles California; Melinda W. Ebelhar, Glendale, California; Deborah A. McCarthy, Senior Deputy, San Diego County Counsel, San Diego, California, for the defendants-appellees.

Before: FERGUSON and SILVERMAN, Circuit Judges, and BREYER, District Judge.

SILVERMAN, Circuit Judge:

Plaintiffs appeal the district court's Fed.R.Civ.P. 12(b)(6) dismissal of their 42 U.S.C. § 1983, RICO, unfair business practices, and battery claims. The claims arise from blood tests taken after plaintiffs' arrests for suspicion of driving under the influence of alcohol. We affirm the district court's dismissal of the § 1983 claim because plaintiffs failed to allege a constitutional violation. We affirm the district court's dismissal...

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