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FORTSON v. LOS ANGELES CITY ATTORNEY'S OFFICE

No. 15-55497.

852 F.3d 1190 (2017)

Ben L. FORTSON, Plaintiff-Appellant, v. LOS ANGELES CITY ATTORNEY'S OFFICE; California Department of Justice, Bureau of Firearms; City of Los Angeles Police Department; Carmen A. Trutanich, individual and City Attorney, official capacity; Bernie Brown, individual and Supervising Attorney, official capacity; Victor Brown, individual and Detective II, Serial No. 30082, official capacity; Rick Tompkins, Detective Supervisor of Gun Unit, No. 27904, official capacity; Wong, L.A.P.D. Police Officer II, No. 21883, official capacity; Hernandez, L.A.P.D. Police Officer II, No. 36039, official capacity; Ross, L.A.P.D. Police Officer III, No. 25445, official capacity; Higa, D.O.J. Agent, official capacity; Torres, D.O.J. Agent, official capacity; Mejia, D.O.J. Agent, official capacity; Malaika Cole, individual and L.A. City Attorney, official capacity; Alin Cem Cem Sahagian, individual and L.A. City Attorney, official capacity; Gregory Alan Dorfman, individual and L.A. City Attorney, official capacity; Carol Parszik, Special Agent/Supervisor, official capacity; Kosal Bun, Individual and Los Angeles Police Officer, No. 33600, official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2017.

Attorney(s) appearing for the Case

Benjamin L. Fortson, Lake Los Angeles, California, pro se Plaintiff-Appellant.

Michael N. Feuer , City Attorney; Paul L. Winnemore , Deputy City Attorney; Office of the Los Angeles City Attorney, Los Angeles, California; for Defendants-Appellees.

Terry A. Barak , Deputy Attorney General; Elizabeth S. Angres , Supervising Deputy Attorney General; Kristin G. Hogue , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for State Defendants-Appellees.

Before: Mary M. Schroeder, Andre M. Davis, and Mary H. Murguia, Circuit Judges.

OPINION

This appeal challenges the constitutionality of California's ten-year ban on possession of firearms after a conviction for misdemeanor domestic violence. Plaintiff Benjamin Fortson appeals the dismissal of his action under 42 U.S.C. § 1983 for failure to state a claim. He contends that the Los Angeles...

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