Ooley v. Citrus Heights Police Department

MEMORANDUM

Garr Ooley and Janis Starkey appeal from the district court’s judgment dismissing their 42 U.S.C. § 1983 action. Starkey also challenges the district court’s partial award of attorney’s fees to Appellees. We review a dismissal for failure to state a claim de novo, see Reid v. Johnson & Johnson, 780 F.3d 952, 958 (9th Cir.2015), and an award of attorney’s fees for abuse; of discretion, see Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055, 1059-60 (9th Cir.2006). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. Ooley and Starkey assert (1) an equal protection claim; (2) a substantive due process claim; (3) a takings claim; (4) a First Amendment freedom of religion claim; and (5) a First Amendment right to petition claim. Ooley alone asserts (6) a malicious prosecution claim; and (7) a defamation claim. The district court did not err in dismissing any of these claims.

Appellants’ substantive due process, takings, and First Amendment right to petition claims are based exclusively on the alleged campaign of neighborhood harassment. The same is true of Oole/s defamation claim. Nevertheless, the reactions of third parties to remarks made by the government…