Fink
Fink v. Ohannessian
Opinion
Opinion
facts beyond conclusory allegations to raise a constitutional claim of deprivation of
property without due process.
2. Because Fink did not sufficiently allege a constitutional violation, his
Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) claims against SBCSD
necessarily fail. See Dougherty v. City of Covina, 654 F.3d 892, 900 (9th Cir.
2011) (establishing a Monell claim requires showing that the plaintiff “possessed a
constitutional right of which he was deprived” based on a municipal policy);
Rodriguez v. County of Los Angeles, 891 F.3d 776, 802-03 (9th Cir. 2018).
3. The district court correctly dismissed the claims against Defendants
McMahon and Bachman in their individual capacities because Fink only
conclusorily claimed that they failed to train and supervise subordinates, and he did
not allege specific facts of any alleged constitutional violation. See Seven Arts
Filmed Ent. Ltd. v. Content Media Corp. PLC, 733 F.3d 1251, 1254 (9th Cir. 2013)
(the court need not “accept as true … allegations that are merely conclusory,
unwarranted deductions of fact, or unreasonable inferences”).
24-1372 4. The district court correctly…