King v. Atiyeh, No. 85-4174

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore TANG, FERGUSON and HALL; CYNTHIA HOLCOMB HALL
Citation814 F.2d 565
PartiesKim KING and Kent Norman, et al., Plaintiffs-Appellants, v. Victor ATIYEH, et al., Defendants-Appellees.
Docket NumberNo. 85-4174
Decision Date06 November 1986

Page 565

814 F.2d 565
Kim KING and Kent Norman, et al., Plaintiffs-Appellants,
v.
Victor ATIYEH, et al., Defendants-Appellees.
No. 85-4174.
United States Court of Appeals,
Ninth Circuit.
Submitted Nov. 6, 1986. *
Decided April 8, 1987.

Page 567

Kent Norman, Salem, Or., for plaintiffs-appellants.

David Schuman, Salem, Or., for defendants-appellees.

Appeal from the United States District Court for the District of Oregon.

Before TANG, FERGUSON and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Kim King (King) and Kent Norman (Norman) appeal pro se the district court's dismissal of their 42 U.S.C. Sec. 1983 class action against the Governor of Oregon, the Attorney General of Oregon, and the Superintendent of the Oregon State Hospital. They contend that the district court erred in ignoring their original complaint after they filed an amended complaint, in dismissing their action against the governor and the attorney general for failure to sue the proper defendant, and in dismissing their action against the superintendent for failure to state a claim. This court has jurisdiction over this appeal pursuant to 28 U.S.C. Sec. 1291. We affirm in part, reverse in part, and remand.

I

King and Norman were found guilty except for insanity of certain crimes. They were placed under the jurisdiction of the Psychiatric Security Review Board and sent to the Oregon State Hospital for care, custody, and treatment. In their original complaint, King and Norman alleged that the lack of a law library, the censorship of certain television programming, and other restrictions violated the fifth, sixth, eighth, and fourteenth amendments. They later filed an amended complaint alleging that institutional restrictions on mailing privileges denied them access to the courts, in violation of both the first and fourteenth amendments. 1 The amended complaint did not incorporate either explicitly or by reference the allegations of the original complaint.

On May 14, 1985, the district court dismissed the action as to the governor and the attorney general. On May 15, 1985, the court ruled that the amended complaint superseded the original complaint. On September 11, 1985, the court dismissed the action against the superintendent for failure to state a claim. King and Norman now appeal these rulings.

II

We review a dismissal for failure to state a claim de novo. In re Financial Corp. of America Shareholder Litigation, 796 F.2d 1126, 1127 (9th Cir.1986). To uphold such a dismissal, it must appear to a certainty that the plaintiff would not be entitled to relief under any set of facts that could be proved. Id. at 1128. In civil rights cases, where the plaintiff is pro se, we have an obligation to construe the pleadings liberally and to afford the plaintiff the benefit of any doubt. Bretz v. Kelman, 773 F.2d 1026, 1027 n. 1 (9th Cir.1985) (en banc); see also Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972) (per curiam).

III

King and Norman contend that the district court erred in holding...

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4509 practice notes
  • Johnson v. Saul, Case No.: 20-CV-747 JLS (AHG)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 25, 2021
    ...favor, pro se litigants are bound by the rules of procedure." Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995) (citing King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987)). Consequently, the Court is unable and unwilling to provide a blanket waiver to the Federal Rules of Civil Procedure and ......
  • Reiffin v. Microsoft Corp., No. C 98-266.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 31, 2003
    ...that "[a]ll causes of action alleged in an original complaint which are not alleged in an amended complaint are waived." King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987) (internal citation omitted). Although the object of some criticism, the rule is clear. See Marx v. Loral Corp., 87 F.3d 1......
  • Motoyama v. State, Civ. No. 10–00464 ACK–RLP.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • March 29, 2012
    ...(9th Cir.2000). Moreover, “[p]ro se litigants must follow the same rules of procedure that govern other litigants.” King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987).DISCUSSION As a preliminary matter, Plaintiff asserts that the transcript of her deposition that Defendants submitted with the......
  • Bullock v. City and County of San Francisco, Nos. A044386
    • United States
    • California Court of Appeals
    • April 30, 1990
    ...certainty that the plaintiff would not be entitled to relief under any set of facts that could be proved." (King v. Atiyeh (9th Cir.1987) 814 F.2d 565, 567.) In line with California practice, federal law requires that the factual allegations of the complaint be accepted as true. (Hall v. Ci......
  • Request a trial to view additional results
4509 cases
  • Johnson v. Saul, Case No.: 20-CV-747 JLS (AHG)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • January 25, 2021
    ...favor, pro se litigants are bound by the rules of procedure." Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995) (citing King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987)). Consequently, the Court is unable and unwilling to provide a blanket waiver to the Federal Rules of Civil Procedure and ......
  • Reiffin v. Microsoft Corp., No. C 98-266.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 31, 2003
    ...that "[a]ll causes of action alleged in an original complaint which are not alleged in an amended complaint are waived." King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987) (internal citation omitted). Although the object of some criticism, the rule is clear. See Marx v. Loral Corp., 87 F.3d 1......
  • Motoyama v. State, Civ. No. 10–00464 ACK–RLP.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • March 29, 2012
    ...(9th Cir.2000). Moreover, “[p]ro se litigants must follow the same rules of procedure that govern other litigants.” King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987).DISCUSSION As a preliminary matter, Plaintiff asserts that the transcript of her deposition that Defendants submitted with the......
  • Bullock v. City and County of San Francisco, Nos. A044386
    • United States
    • California Court of Appeals
    • April 30, 1990
    ...certainty that the plaintiff would not be entitled to relief under any set of facts that could be proved." (King v. Atiyeh (9th Cir.1987) 814 F.2d 565, 567.) In line with California practice, federal law requires that the factual allegations of the complaint be accepted as true. (Hall v. Ci......
  • Request a trial to view additional results

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