Frank Konarski v. City of Tucson

MEMORANDUM

Frank, Gabriela, Patricia, John, and Frank E. Konarski (“the Konarskis”) appeal from the district court’s grant of summary judgment in favor of the City of' Tucson and three city officials (collectively, “the City”) on civil rights claims brought under 42 U.S.C. § 1983 . They also appeal from the court’s denial of leave to amend their First Amended Complaint.

We have jurisdiction under 28 U.S.C. § 1291 . For the reasons stated below, we affirm in part, reverse in part, and remand for further proceedings on the Konarskis’ “class of one” equal protection claim. -

1. We review de novo the district court’s grant of summary judgment in favor of the City. Szajer v. City of Los Angeles, 632 F.3d 607, 610 (9th Cir.2011). We view the evidence in the light most favorable to the non-moving party and determine (1) whether there are any genuine issues of material fact and (2) whether the district court correctly applied the relevant substantive law. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir. 2004); Fed.R.Civ.P. 56(a).

2. Although the Konarskis have conflated their procedural and substantive due process arguments at times, we address them separately. We…