Clarence Allen Oakley v. City of Pasadena, a Municipal Corporation, City of Pasadena, a Municipal Corporation v. Clarence Allen Oakley

This is an action for damages and to redress alleged civil rights violations. The case was previously before this court as case number 72-3034 and an unpublished memorandum was filed by another panel remanding it for further proceedings. Pursuant to directions of this court an amended complaint was filed. Defendants moved for summary judgment, which was granted. This appeal follows. Defendants’ motion for attorneys fees was also denied. Defendants have cross-appealed. We affirm both orders of the district court.

While numerous issues have been presented by the parties a decision of three main issues will resolve this appeal:

In January, 1971 appellant submitted a nominating petition to the defendant Jenkins, who was then City Clerk of Pasadena, declaring his candidacy in the primary election for a position on the City’s Board of Directors. At that time the Pasadena City Charter required members of the Board to be residents of the district from which they were elected and to have resided in the City for at least two years immediately preceding the election.

The Pasadena Board directed the City Attorney to report on the residence qualifications of the appellant and one…