Bruce Westin v. City of Calabasas

facts sufficient to establish that defendant’s failure to regulate other homeowners’

sewage systems violated Westin’s constitutional rights. See Shanks v. Dressel, 540

F.3d 1082, 1087 (9th Cir. 2008) (“[T]he state’s failure to protect an individual

from harms inflicted by persons not acting under color of law will not ordinarily

give rise to § 1983 liability.” (internal quotation marks omitted)).

We do not consider matters not specifically and distinctly raised in the

opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

2 21-55834