Robert Mann, Sr. v. City of Sacramento

facts alleged show the officer’s conduct violated a constitutional right’; and (2)

‘whether the right was clearly established.’” Keates v. Koile, 883 F.3d 1228, 1235

(9th Cir. 2018) (alterations omitted) (quoting Saucier v. Katz, 533 U.S. 194, 201

** The Honorable Robert S. Lasnik, United States District Judge for the Western District of Washington, sitting by designation. 2 (2001), overruled on other grounds by Pearson v. Callahan, 555 U.S. 223, 236–

(2009)).

Plaintiffs argue that they have sufficiently alleged a constitutional violation

pursuant to Board of Directors of Rotary International v. Rotary Club of Duarte

(“Rotary Club”), 481 U.S. 537 (1987), in which the Supreme Court articulated a

four-factor test to determine whether the “objective characteristics” of the

relationship in question were “sufficiently personal or private to warrant

constitutional protection”: (1) size of the group, (2) purpose of the group, (3) its

selectivity, and (4) “whether others are excluded from critical aspects of the

relationship,” id. at 545–46.

Neither plaintiffs nor the district court point to any authority that has applied

the Rotary Club factors and held that…