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No. 8669906
United States Court of Appeals for the Ninth Circuit
Chappell v. Bess
No. 8669906 · Decided April 28, 2008
No. 8669906·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 28, 2008
Citation
No. 8669906
Disposition
See opinion text.
Full Opinion
MEMORANDUM * Appellant Rex Chappell (Chappell) appeals the district court’s grant of summary-judgment based on qualified immunity on Chappell’s due process claim, the district court’s dismissal of Chappell’s equal protection claim without comment, and the district court’s refusal to construe Chap-pell’s state law allegations as a claim for malicious prosecution. Pursuant to the agreement of the parties at oral argument, Chappell’s due process claim and state law allegations stating a claim for malicious prosecution are remanded to the district court for consideration on the merits. We decline to address Chappell’s equal protection claim on appeal, so as to allow the district court the opportunity to address it in the first instance on remand. REVERSED AND REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Plain English Summary
MEMORANDUM * Appellant Rex Chappell (Chappell) appeals the district court’s grant of summary-judgment based on qualified immunity on Chappell’s due process claim, the district court’s dismissal of Chappell’s equal protection claim without c
Key Points
01MEMORANDUM * Appellant Rex Chappell (Chappell) appeals the district court’s grant of summary-judgment based on qualified immunity on Chappell’s due process claim, the district court’s dismissal of Chappell’s equal protection claim without c
02Pursuant to the agreement of the parties at oral argument, Chappell’s due process claim and state law allegations stating a claim for malicious prosecution are remanded to the district court for consideration on the merits.
03We decline to address Chappell’s equal protection claim on appeal, so as to allow the district court the opportunity to address it in the first instance on remand.
04This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir.
Frequently Asked Questions
MEMORANDUM * Appellant Rex Chappell (Chappell) appeals the district court’s grant of summary-judgment based on qualified immunity on Chappell’s due process claim, the district court’s dismissal of Chappell’s equal protection claim without c
FlawCheck shows no negative treatment for Chappell v. Bess in the current circuit citation data.
This case was decided on April 28, 2008.
Use the citation No. 8669906 and verify it against the official reporter before filing.