David Barragan v. Robin Landry

MEMORANDUM

Students and their parents appeal the dismissal on summary judgment of their 42 U.S.C. § 1983 claims against Robin Landry (“Landry”), rural manager of the Nevada Division of Child and Family Services (“DCFS”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

We review the grant of summary judgment de novo. Guru Nanak Sikh Soc’y of Yuba City v. County of Sutter, 456 F.3d 978, 985 (9th Cir.2006). In order to survive summary judgment concerning a 42 U.S.C. § 1983 violation, a plaintiff must present evidence showing that (1) the complainant has been deprived of a right “se cured by the Constitution and the laws” of the United States and (2) the action complained of was committed by a person acting under color of state law. Flagg Bros., Inc. v. Brooks, 436 U.S. 149, 155-56 , 98 S.Ct. 1729 , 56 L.Ed.2d 185 (1978).

The doctrine of qualified immunity provides immunity from a civil suit for damages to a state actor who violates a constitutional right if the “contours of the right” were not “sufficiently clear at the time so that a reasonable official would understand what he is doing violates that right.” Saucier v. Katz, 533 U.S. 194 , 202, 121 S.Ct.…