Roy Johnson v. County of Monterey

MEMORANDUM

Roy Johnson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and other claims arising out of his termination as a building inspector with an agency of the County of Monterey. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

The district court properly dismissed Johnson’s due process claim because, despite several opportunities to amend, Johnson failed to allege that a County custom, policy, or practice was the moving force behind the alleged constitutional violation at issue. See Blair v. City of Pomona, 223 F.3d 1074, 1079 (9th Cir.2000) (listing elements of a § 1983 claim against a local governmental entity); see also Monell v. Dep’t of Social Servs., 436 U.S. 658, 691 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978) (“Congress did not intend municipalities to be held liable unless action pursuant to official municipal policy of some nature caused a constitutional tort.”).

The district court did not abuse its discretion in dismissing Johnson’s due process claim with prejudice…