Victor Dema v. City of Mesa

MEMORANDUM

Victor O. Dema appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with two investigative stops. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and summary judgment, Ramirez v. City of Buena Park, 560 F.3d 1012, 1019 (9th Cir.2009). We affirm.

The district court properly dismissed Dema’s § 1983 claims against the City of Mesa because Dema failed to allege the existence of any unconstitutional policy or custom. See Hart v. Parks, 450 F.3d 1059, 1071 (9th Cir.2006)(municipal liability under § 1983 exists only for constitutional violations occurring pursuant to an official government policy or custom); Trevino v. Gates, 99 F.3d 911, 918 (9th Cir.1996)(“Li-ability for improper custom may not be predicated on isolated or sporadic incidents; it must be founded upon practices of sufficient duration, frequency and consistency that the conduct has become a traditional method of carrying out policy.”).

The district court properly granted summary judgment on Dema’s…