Cavanagh

MEMORANDUM

We affirm the judgment of the district court. Appellants waived their First Amendment challenge to the permit law at oral argument so we need not decide this issue. The individually named defendants are entitled to qualified immunity from the claims for monetary damages because the plaintiffs-appellants waived their First Amendment challenge to the permit law and failed to carry their burden of “staffing] with particularity” any other “clearly established” constitutional right allegedly violated by defendants-appel-lees. 2 And appellants point to no custom or practice that could subject the other defendants to § 1983 liability . 3 Also, because appellants waived their challenge to the permit law, we need not decide whether to enjoin defendants from dispersing future demonstrations for failure to have a permit.

Because appellants never made a motion to certify, the district court decided to proceed with summary judgment before deciding certification. We have approved this procedure before 4 and there was no *688 abuse of discretion here. 5 Because there is no class action, the named plaintiffs can only sue on their own behalf and cannot raise the Fourth Amendment…