Gene Pfeifer v. City of Silverton

MEMORANDUM

Gene and Ronald Pfeifer appeal pro se from the district court’s summary judgment in their 42 U.S.C. § 1988 action alleging due process and state law claims arising from the discovery and removal of chemicals from property occupied by the Pfeifers. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Shanks v. Dressel, 540 F.3d 1082, 1086 (9th Cir.2008). We affirm.

The district court properly granted summary judgment on the Pfeifers’ due process claim because the Pfeifers failed to raise a genuine dispute of material fact as to whether defendants deprived them of a constitutionally protected property interest without due process. See id. at 1090 (procedural due process violation requires a deprivation of a protected property interest by the government and lack of process).

The district court properly granted summary judgment on the state law claims because the Pfeifers failed to raise a genuine dispute of material fact as to whether defendants were liable on any of these claims. See Cafasso, U.S. ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1061 (9th Cir.2011) (“To survive summary judgment, a plaintiff must set forth non-speeulative evidence of…