Frank Konarski v. Michael Rankin

MEMORANDUM

Frank, Gabriela, Patricia, John, and Frank E. Konarski, owners of a housing development business in Tucson, appeal from the district court’s dismissal of their complaint against the City of Tucson (the “City”) and several city officials. The Konarskis allege that city officials, in declining to meet with them to discuss a proposed ordinance and in refusing to reconsider an ordered shutdown of one of their housing development projects, have discriminated and retaliated against them in violation of their federal constitutional and statutory civil rights, causing them economic damage and emotional distress.

1. The district court did not err in dismissing the Konarskis’ First Amendment retaliation claims, brought under 42 U.S.C. § 1983 , in counts one and two of the complaint. The Konarskis have not pled facts plausibly indicating that the silence they received from city officials was retaliatory in nature. City Attorney Michael Rankin’s alleged instructions to city council members — that council members were “to avoid meeting” with the Konar-skis “specifically because of a lawsuit involving civil rights violations” — indicates only that Rankin had advised his clients to…