Katricia Cloes v. City of Mesquite

Good Law
582 F. App'x 721
United States Court of Appeals for the Ninth CircuitJuly 7, 201412-15640California2,358 words

Opinion

Opinion

MEMORANDUM

Katricia Cloes (Cloes) appeals two of the district court’s decisions: (1) granting dismissal of Cloes’s claims against City of Mesquite Police Chief Douglas Law (Chief Law) and Lieutenant Shane Charles (Lt. Charles); and (2) granting summary judgment in favor of the City of Mesquite (City).

We lack jurisdiction to review the order and judgment dismissing Chief Law and Lt. Charles from the action because Cloes did not name Chief Law or Lt. Charles in her Notice of Appeal. See Le v. Astrue, 558 F.3d 1019, 1022 (9th Cir.2009). We have jurisdiction to review the lower court’s summary judgment order and judgment for the City pursuant to 28 U.S.C. § 1291 .

We review de novo a district court’s decision to grant summary judgment. Dreiling v. Am. Online Inc., 578 F.3d 995, 1000-01 (9th Cir.2009). For the following reasons, we affirm.

I. Monell Claim

First, we hold that the district court properly granted the motion for summary judgment on Cloes’s Monell claim against the City. The district court held that Cloes did not provide evidence to show that a City policy was the moving force behind a constitutional injury. We agree.

“Municipalities, their agencies, and their…

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