George Vasquez v. Audrey King

MEMORANDUM

George Vasquez, a civil detainee at Coa-linga State Hospital, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1988 action alleging constitutional violations in connection with the regulation of his electronic devices. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We affirm in part, reverse in part, and remand.

The district court properly dismissed Vasquez’s equal protection claim because Vasquez failed to allege facts sufficient to show that he was discriminated against because of his membership in a protected class or that he was treated differently than similarly situated individuals without rational basis. See N. Pacifica LLC v. City of Pacifica, 526 F.3d 478, 486 (9th Cir.2008) (elements of “class of one” equal protection claim); Serrano v. Francis, 345 F.3d 1071, 1082 (9th Cir.2003) (requirements for equal protection claim based on membership in protected class).

However, Vasquez alleged facts in the amended complaint…