Kalski

Kalski v. California Ass'n of Professional Employees

Good Law
18 F. App'x 497
United States Court of Appeals for the Ninth CircuitAugust 28, 2001No. 99-56716; D.C. No. CV-99-00306-SVWCalifornia593 words

Opinion

Lead Opinion

*499 MEMORANDUM **

Steven Kalski appeals pro se the district court’s judgment in favor of defendants in Kalski’s action alleging employment discrimination under Title VII, 42 U.S.C. § 2000 -e, civil rights violations under 42 U.S.C. § 1983 , and various state law claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir. 1999) (en banc), and we review de novo a dismissal for failure to state a claim, Gilligan v. Jamco Dev. Corp., 108 F.3d 246 , 248 (9th Cir.1997).

Because Kalski declined the opportunity to amend his complaint, see WMX Techs., Inc. v. Miller, 104 F.3d 1133 , 1136 (9th Cir.1997) (en banc) (indicating that plaintiff may elect to stand on his original complaint), and because Kalski failed to allege facts to support his allegations, see Barren v. Harrington, 152 F.3d 1193, 1194-95 (9th Cir.1998) (order), the district court properly dismissed his claims alleging violations of the Seventh Amendment, Contract Clause, and Due Process Clause. For the same reasons, the district court properly dismissed Kalski’s claims alleging fraud, harassment, and defamation. See Barren,…

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