From Casetext: Smarter Legal Research

Harper v. City of Flagstaff

United States Court of Appeals, Ninth Circuit
Feb 15, 2000
208 F.3d 221 (9th Cir. 2000)

Opinion


208 F.3d 221 (9th Cir. 2000) Casey HARPER, Plaintiff-Appellant, v. CITY OF FLAGSTAFF; Patrick Tarr, Sgt.; Flagstaff City Council Each and Every Member, Defendants-Appellees. No. 96-15298. United States Court of Appeals, Ninth Circuit February 15, 2000

Submitted February 8, 2000

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

D.C. No. CV-95-02474-CAM/BGS

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the District of Arizona C.A. Muecke, District Judge, Presiding.

Before GOODWIN, LEAVY, and TASHIMA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Casey Lee Harper, an Arizona state prisoner, appeals pro se the district court's judgment dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915(d) under Heck v. Humphrey, 512 U.S. 477 (9th Cir.1994). We have jurisdiction pursuant to 28 U.S.C. § 1291. We vacate and remand.

The district court erred by dismissing Harper's action as frivolous under Heck because it is not absolutely clear from the complaint that Harper's claims necessarily implicate the invalidity of his conviction or sentence. Accordingly, we vacate and remand with instructions to provide Harper an opportunity to amend his complaint and an explanation of the complaint's deficiencies. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987).

VACATED and REMANDED.


Summaries of

Harper v. City of Flagstaff

United States Court of Appeals, Ninth Circuit
Feb 15, 2000
208 F.3d 221 (9th Cir. 2000)
Case details for

Harper v. City of Flagstaff

Case Details

Full title:Casey HARPER, Plaintiff-Appellant, v. CITY OF FLAGSTAFF; Patrick Tarr…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 15, 2000

Citations

208 F.3d 221 (9th Cir. 2000)

Citing Cases

Nevarez v. Forty Niners Football Co.

The Court therefore rejects Defendants’ argument. See, e.g., Starbucks Corp. v. Lundberg, 2005 WL 6036699, at…

Great-West Life Annuity Ins. Co. v. Knudson

Pp. 219-220. 208 F.3d 221, affirmed. James F. Jorden argued the cause for…