Terry Pleasant v. County of Merced

MEMORANDUM

Terry K. Pleasant, a former County of Merced pretrial detainee, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims in connection with the denial of indigent welfare kits, which contain items necessary for inmates to maintain personal hygiene. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We affirm in part, reverse-in part, vacate in part, and remand.

The district court properly dismissed Pleasant’s “class of one” equal protection claim because’ Pleasant failed to allege facts sufficient to show that he was treated differently than similarly situated individuals. See Village of Willowbrook v. Olech, 528 U.S. 562, 564 , 120 S.Ct. 1073 , 145 L.Ed.2d 1060 (2000) (setting forth elements of “class of one” claim).

The district court properly dismissed Pleasant’s conspiracy claims because Pleasant failed to allege facts sufficient to show class-based, invidiously discriminatory…