HEARNS v. SAN BERNARDINO POLICE DEPT.

Nos. 05-56214, 05-56272, 05-56306, 05-56324.

530 F.3d 1124 (2008)

Kimberlyn HEARNS, Plaintiff-Appellant, v. SAN BERNARDINO POLICE DEPARTMENT; Garret Zimmon; Michael Billdt, in his capacity as Assistant Chief and Patrol Division Commander of the SBPD; Wesley Farmer, individually and in his capacity as Captain in the SBPD; Mark Garcia, individually and in his capacity as a Lieutenant in the SBPD; Mark Emoto, individually and in his capacity as a Lieutenant in the SBPD; Mitchal Kimball, individually and in his capacity as a Lieutenant in the SBPD; Walt Goggin, individually and in his capacity as a Lieutenant in the SBPD; Craig Keith, individually and in his capacity as a Narcotics Sergeant in the SBPD; Ernie Lemos, individually and in his capacity as an Internal Affairs Supervisor in the SBPD, Defendants-Appellees. Kimberlyn Hearns, Plaintiff-Appellee, v. San Bernardino Police Department; Garret Zimmon; Michael Billdt, in his capacity as Assistant Chief and Patrol Division Commander of the SBPD; Wesley Farmer, individually and in his capacity as Captain in the SBPD; Mark Garcia, individually and in his capacity as a Lieutenant in the SBPD; Mark Emoto, individually and in his capacity as a Lieutenant in the SBPD; Mitchal Kimball, individually and in his capacity as a Lieutenant in the SBPD; Walt Goggin, individually and in his capacity as a Lieutenant in the SBPD; Craig Keith, individually and in his capacity as a Narcotics Sergeant in the SBPD; Ernie Lemos, individually and in his capacity as an Internal Affairs Supervisor in the SBPD, Defendants-Appellants. Kimberlyn Hearns, Plaintiff-Appellant, v. San Bernardino Police Department; Garret Zimmon; Michael Billdt, in his capacity as Assistant Chief and Patrol Division Commander of the SBPD; Wesley Farmer, individually and in his capacity as Captain in the SBPD; Mark Garcia, individually and in his capacity as a Lieutenant in the SBPD; Mark Emoto, individually and in his capacity as a Lieutenant in the SBPD; Mitchal Kimball, individually and in his capacity as a Lieutenant in the SBPD; Walt Goggin, individually and in his capacity as a Lieutenant in the SBPD; Craig Keith, individually and in his capacity as a Narcotics Sergeant in the SBPD; Ernie Lemos, individually and in his capacity as an Internal Affairs Supervisor in the SBPD, Defendants-Appellees. Kimberlyn Hearns, Plaintiff-Appellee, v. San Bernardino Police Department; Garret Zimmon; Michael Billdt, in his capacity as Assistant Chief and Patrol Division Commander of the SBPD; Wesley Farmer, individually and in his capacity as Captain in the SBPD; Mark Garcia, individually and in his capacity as a Lieutenant in the SBPD; Mark Emoto, individually and in his capacity as a Lieutenant in the SBPD; Mitchal Kimball, individually and in his capacity as a Lieutenant in the SBPD; WALT GOGGIN, individually and in his capacity as a Lieutenant in the SBPD; Craig Keith, individually and in his capacity as a Narcotics Sergeant in the SBPD; Ernie Lemos, individually and in his capacity as an Internal Affairs Supervisor in the SBPD, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2008.


Attorney(s) appearing for the Case

Letitia E. Pepper, Riverside, CA, for the plaintiff in Appeals Nos. 05-56214, 05-56272, and 05-56324.

Leo James Terrell, Beverly Hills, CA, for the plaintiff in Appeal No. 05-56306.

James A. Odlum, Mundell, Odlum & Haws, LLP, San Bernardino, CA, for defendants in Appeals Nos. 05-56214, 05-56272, 05-56306, and 05-56324.

Before: ANDREW J. KLEINFELD and RICHARD A. PAEZ, Circuit Judges, and WILLIAM T. HART, District Judge.


Opinion by Judge HART; Partial Concurrence and Partial Dissent by Judge KLEINFELD

HART, District Judge:

It is the right and duty of a plaintiff initiating a case to file a "short and plain statement of the claim." Fed.R.Civ.P. Rule 8(a)(2). The district court dismissed Plaintiff Kimberlyn Hearns' 81-page complaint under Rule 8 without prejudice with leave to file an amended complaint. When Hearns filed an amended...

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