Sam Ferris, Petitioner/plaintiff-Appellant v. Santa Clara County City of San Jose Officer Mason Officer Galea State of California

Appellant Sam Ferris appeals pro se the district court’s grant of summary judgment in an action for injunctive relief and damages under 42 U.S.C. § 1983 . Ferris alleged his civil rights were violated when he was arrested and convicted under state laws that proscribe certain sexual activities with minors. Ferris contends the statutes are unconstitutional and that the district court erred in striking his proposed second amended complaint. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

FACTS

Ferris was arrested and charged with violating California Penal Code §§ 261.5 (one count), 288a(b)(l) (four counts), and 288a(b)(2) (two counts). Ferris entered a plea of nolo contendere to all charges. He was sentenced to six months in the County jail and placed on probation. All charges resulted from Ferris’ relations with two minor females, aged fifteen and seventeen. He contends his arrest and convictions violated his civil rights because, he argues, California Penal Code §§ 261.5, 288a(b)(l), and 288a(b)(2) are unconstitutional. Ferris sued the State of California (“State”), the County of Santa Clara (“County”), the City of San Jose (“City”), and two police officers. He sought…