Cristobal Hernandez, Jr. v. Janice Brewer

MEMORANDUM

Cristobal Hernandez, Jr., appeals the district court’s order disposing of all of Hernandez’s twenty-two claims. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1.The district court properly dismissed Hernandez’s 42 U.S.C. § 1983 claim alleging violations of the Fourth and Fourteenth Amendments (count 7) against all Pinal County Defendants except Defendant Deputy Sheriff Parry. The court properly concluded that Hernandez made only conclusory statements as to the alleged violations and that he failed to provide any factual basis for his claim. See Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007).

The district court’s grant of summary judgment to Deputy Parry on count 7 was also proper. The court correctly ruled that there was no genuine dispute of material fact as to whether Deputy Parry had reasonable suspicion to stop Hernandez when he observed Hernandez operating a vehicle with a broken tail light. See United States v. Gutierrez-Mederos, 965 F.2d 800, 803 (9th Cir. 1992). The court also properly found that Deputy Parry’s request to…