Thomas Paul v. City of Sunnyside

MEMORANDUM

Thomas Paul appeals from the district court’s order granting summary judgment for Defendants City of Sunnyside, et al., in his 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s grant of summary judgment. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). We affirm.

Although the district court may have erred in relying on some theories that it raised sua sponte in its ruling, it also relied on the grounds raised by Defendants, which were well taken. Defendants asserted that Paul’s substantive due process claims failed because he did not proffer evidence of clearly arbitrary and unreasonable conduct. They maintained that Paul’s equal protection claim failed because there was no evidence that he was treated differently from other contractors in Sunnyside. As for Paul’s conspiracy claim, Defendants argued that there was no evidence that Stoekwell, Kunkler or Storms agreed to violate Paul’s civil rights. Finally, with regard to Paul’s retaliation claim, Defendants asserted that Kunkler had prosecutorial immunity and probable cause to charge Paul with misdemeanors. These arguments gave Paul adequate…