Mizkun

Mizkun v. Blanas

Good Law
11 F. App'x 839
United States Court of Appeals for the Ninth CircuitApril 4, 2001No. 00-16466; D.C. No. CV-99-01962-WBS/PANCalifornia668 words

Opinion

Lead Opinion

MEMORANDUM **

David Mizkun (“Mizkun”) appeals pro se from the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that defendant Vid Zupan (“Zupan”) repeatedly offered false information to the Sacramento County Sheriff’s Department accusing Mizkun of drug related activities due to ethnic or religious animosity, and that Sheriff Lou Blanas (“Blanas”) and Deputy Sheriff Constance Norman (“Norman”) failed to investigate Zupan for doing so. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim pursuant to Federal *840 Rule of Civil Procedure 12(b)(6). Morales v. City of Los Angeles, 214 F.3d 1151, 1153 (9th Cir.2000). We affirm. With respect to Mizkun’s claims that the Sheriffs Department kept him under improper surveillance, sent a psychiatric nurse to his home to conduct an exam, and failed to investigate his complaints against Zupan, the district court properly dismissed the allegations against defendants Blanas and Norman. Mizkun failed to allege facts that support the elements of his claim. See Redman v. County of San Diego, 942 F.2d 1435, 1446 (9th Cir.1991) (to state such a claim against a government…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.