Charlotte Survine v. Michael Cottle

MEMORANDUM

Plaintiffs appeal from the district court’s judgment dismissing their 42 U.S.C. § 1983 action for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291. Reviewing de novo, Taylor v. Yee, 780 F.3d 928, 935 (9th Cir.2015), we affirm.

Plaintiffs argue that the district court erred by concluding they failed to allege an injury arising out of an allegedly false police report detailing a car-pedestrian accident. Plaintiffs contend that they relied ■on the allegedly false police report when evaluating their claims in the underlying personal injury action and therefore accepted an unreasonably low settlement offer. However, even assuming that plaintiffs sufficiently alleged injury, they still fail to state a § 1983 claim.

1. “To state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause of the Fourteenth Amendment a plaintiff must show that the defendants acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class.” Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998). Here, the only facts plaintiffs plead in support of their Equal Protection claim is their own race and the race…