Campbell v. County of San Bernardino

Ninth Circuit

Campbell v. County of San Bernardino

705 F.2d 1128, 1983 U.S. App. LEXIS 28158

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 9, 1983

DocketNo. 81-5037

StatusPublished

This text of 705 F.2d 1128 (Campbell v. County of San Bernardino) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campbell v. County of San Bernardino, 705 F.2d 1128, 1983 U.S. App. LEXIS 28158 (9th Cir. 1983).

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Opinion

ORDER

The judgment of dismissal under Fed.R. Civ.P. 12(b)(6) is vacated. Construing the plaintiff’s complaint liberally, as we must, we cannot say as a matter of law that under no conditions can it be said to state a claim. Colorable claims of Fourth Amendment and due process violations appear to have been asserted.

The premature termination of pro se cases under Rule 12(b)(6) is sometimes counter-productive. It creates extra work for both the trial court and this court. Without the development of an adequate legal and factual record, final review is difficult to achieve. The attention of the district court is called to the possibility of early enlistment of volunteer counsel from law schools or legal service organizations when retained counsel are not available.

Vacated and remanded.

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ORDER

The judgment of dismissal under Fed.R. Civ.P. 12(b)(6) is vacated. Construing the plaintiff’s complaint liberally, as we must, we cannot say as a matter of law that under no conditions can it be said to state a claim. Colorable claims of Fourth Amendment and due process violations appear to have been asserted.

The premature termination of pro se cases under Rule 12(b)(6) is sometimes counter-productive. It creates extra work for both the trial court and this court. Without the development of an adequate legal and factual record, final review is difficult to achieve. The attention of the district court is called to the possibility of early enlistment of volunteer counsel from law schools or legal service organizations when retained counsel are not available.

Vacated and remanded.

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Bluebook (online)

705 F.2d 1128, 1983 U.S. App. LEXIS 28158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-county-of-san-bernardino-ca9-1983.