Cyrus Yoo Kim v. City of Federal Way

MEMORANDUM

Cyrus Yoo Kim appeals pro se from the district court’s summary judgment for defendant in his 42 U.S.C. § 1983 action alleging denial of his fundamental right to exercise by hitting golf balls in a public park. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Brown v. Cal. Dep’t of Corr., 554 F.3d 747, 749 (9th Cir.2009). We affirm.

The district court properly granted summary judgment for defendant because Kim failed to show that he has a fundamental right to exercise by hitting golf balls in a public park. See Shanks v. Dressel, 540 F.3d 1082, 1087 (9th Cir.2008) (“To state a substantive due process claim, the plaintiff must show as a threshold matter that a state actor deprived it of a constitutionally protected life, liberty or property interest.”). Moreover, the City’s ordinances prohibiting the hitting of golf balls in public parks and sanctioning those who do are rationally related to the legitimate public interest of safety in city parks. See Kawaoka v. City of Arroyo Grande, 17 F.3d 1227, 1234 (9th Cir.1994) (“Legislative acts that do not impinge on fundamental rights or employ suspect classifications are presumed valid, and this presumption is…