Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police Agent
- Decided
- May 11, 1990
- Docket
- 87-1969
- Status
- Published
- Jurisdiction
- Federal
Cited 5,771 timesOverruled on other grounds (verified)Overruled on other grounds (verified) · Orion Wine Imports, LLC v. Appelsmith
What later courts said
- recognizing that a complaint may be properly dismissed for failure to state a claim “based on the lack of a cognizable legal theory” — Honig v. Ahcccs (2015)
- holding that “leave to amend should be granted ‘if it appears at all possible that the 12 plaintiff can correct the defect’” — Payne v. Merced County Public Defender's Office (2023)
- recognizing that judgment on the pleadings is appropriate when a claim is not supported 24 by a cognizable legal theory — (PC) Wilkins v. Gipson (2022)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
FLETCHER, Circuit Judge:
Jena Balistreri appeals, pro se, the district court's dismissal of her 42 U.S.C. § 1983 complaint for failure to state a claim. The district court’s decision is published at 656 F.Supp. 423. We affirm in part, reverse in part, and remand.
FACTS Balistreri’s complaint, prepared by an attorney, alleges the following facts.
Statutes cited
Cite this
Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police Agent, 901 F.2d 696 (1990)Read the full opinion
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