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Kathryn Lowe v. City of Monrovia, Paul Stuart, Robert Bartlett, Monrovia City Council, John Nobrega, Mary Wilcox, Ed Zoolalian, Robert Ovrom and Betty Logans

Citations: 784 F.2d 1407; 1986 U.S. App. LEXIS 37437; 41 Fair Empl. Prac. Cas. (BNA) 931Docket: 84-5960

Court: Court of Appeals for the Ninth Circuit; March 17, 1986; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the Ninth Circuit amended its majority opinion in the case of Kathryn Lowe v. City of Monrovia and others. The amendments were made to clarify that the principles outlined in the opinion do not hinder the dismissal of meritless lawsuits. However, they emphasize that when there is a genuine issue of material fact, a plaintiff in a civil rights case must be allowed to proceed to trial. The order was issued on March 18, 1986, further refining previous amendments made on December 26, 1985, and January 21, 1986, to the original opinion filed on October 30, 1985.

Legal Issues Addressed

Dismissal of Meritless Lawsuits

Application: The court clarifies that its opinion does not prevent the dismissal of lawsuits that lack merit.

Reasoning: The amendments were made to clarify that the principles outlined in the opinion do not hinder the dismissal of meritless lawsuits.

Requirement for Trial in Civil Rights Cases with Genuine Issues of Material Fact

Application: The court holds that if a genuine issue of material fact exists, plaintiffs in civil rights cases must be permitted to proceed to trial.

Reasoning: However, they emphasize that when there is a genuine issue of material fact, a plaintiff in a civil rights case must be allowed to proceed to trial.