ZELTSER v. CITY OF OAKLAND

No. 01-17430.

325 F.3d 1141 (2003)

Tamara ZELTSER, dba Medallion Jewelry & Loan, Plaintiff-Appellant, and Edward Zeltser, Plaintiff, v. CITY OF OAKLAND; Craig Kocian; Joseph Samuels, Jr., individually and in his capacity as Chief of Police of the City of Oakland; Thomas O. Donohue, individually and in his capacity as Deputy Chief of Police, Bureau of Investigation; Jay Crawford; Ken Zanotto; Kenneth Whitman, individually and in his capacity as Sergeant of the Oakland Police Department; David C. Larson, individually and in his capacity as Officer of the Oakland Police Department; William Andrews, individually and in his capacity as Sergeant of the Oakland Police Department; T.L. Slade, individually and in his capacity as Sergeant of the Oakland Police Department; Jane W. Williams, individually and in her capacity as City Attorney of the City of Oakland, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 8, 2003.


Attorney(s) appearing for the Case

Henry O. Noffsinger, Pleasant Hill, CA, for the plaintiff-appellant.

Kathleen Salem-Boyd, Oakland City Attorney's Office, Deputy City Attorney, Oakland, CA, for the defendants-appellees.

Before TROTT, RYMER, and TALLMAN, Circuit Judges.


OPINION

TALLMAN, Circuit Judge.

Tamara Zeltser, d/b/a Medallion Jewelry & Loan ("Zeltser"), appeals the district court's order granting summary judgment to the City of Oakland ("City") in her 42 U.S.C. § 1983 action. The district court held as a matter of law that the City did not violate Zeltser's right to due process when it failed to provide her with notice and an opportunity to be heard before returning...

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