Tyrone Payne v. City of Missoula

MEMORANDUM

Tyrone Everett Payne, a Montana state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that his Fourth and Fourteenth Amendment rights were violated during a traffic stop. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Ramirez v. City of Buena Park, 560 F.3d 1012, 1019 (9th Cir.2009), and we affirm.

The district court properly granted summary judgment on Payne’s Fourth Amendment claim because Officer Ben Slater had reasonable suspicion that Payne violated Mont.Code Ann. § 61-8-333(1)(b) before Slater made the traffic stop. See United States v. Lopez-Soto, 205 F.3d 1101, 1105 (9th Cir.2000) (articulating standard). The district court properly granted summary judgment on Payne’s Fourteenth Amendment claim because Payne does not provide evidence that Slater acted in a discriminatory manner or with discriminatory intent. See Bingham v. City of Manhattan Beach, 341 F.3d 939, 948 (9th Cir. 2003), abrogated on other grounds by Virginia v. Moore, 553 U.S. 164 , 128 S.Ct. 1598 , 170 L.Ed.2d 559 (2008). Moreover, because Payne has not shown any underlying constitutional violation, liability does not…