Scott Huminski v. City of Surprise

MEMORANDUM

Scott Alan Huminski appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with an email he received from defendant Heredia. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Togu-chi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

On appeal, Huminski contends that section 13-2921 of the Arizona Revised Statutes is unconstitutionally vague and over-broad. The district court did not err in declining to rule on this issue because it was not properly raised before the district court. See Brazil v. U.S. Dep’t of Navy, 66 F.3d 193 , 198-99 (9th Cir.1995) (finding no error in district court’s failure to address a claim in its summary judgment ruling where pro se plaintiffs pleadings gave defendants insufficient notice of the claim); see also McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir.1996) (a complaint must make clear “who is being sued, for what relief, and on what theory, with enough detail to guide discovery”). Because the district court did not rule on this issue, we decline to consider it on appeal. See Foti v. City of Menlo Park, 146 F.3d 629, 638 (9th…