Case Explained: COLEN V. COUNTY OF RIVERSIDE, ET AL.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-07-30 Docket: 5:24-cv-02081-SRM-JDE The ninth-circuit affirmed the district court’s dismissal of Colen’s 42 U.S.C. § 1983 excessive force action for failure to serve the summons and complaint. The court applied an abuse of discretion standard under Federal Rule of Civil Procedure 4(m), concluding that the district court did not abuse its discretion because Colen failed to effect proper service despite notice and opportunities to do so, and failed to establish good cause for the failure. The court noted that Colen did not comply with the service requirements for local government entities under Federal Rule of Civil Procedure 4(c) and (j)(2), as well as California Code of Civil Procedure sections 416.50 and 415.20, and failed to meet the strict requirements for service by publication. Colen’s request for service by the U.S. Marshals was denied as moot. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.