Fink

Fink v. Ohannessian

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 5, 202624-1372California440 words

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…

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