Luna

Luna v. City of San Bernardino

Good Law
23 F. App'x 695
United States Court of Appeals for the Ninth CircuitNovember 15, 2001No. 01-55157; D.C. No. CV-00-04349-ABCCalifornia385 words

Opinion

Lead Opinion

MEMORANDUM **

Hector V. Luna appeals pro se the district court’s dismissal of his third amended *696 42 U.S.C. § 1983 complaint alleging false arrest, equal protection and due process violations, and several state law claims arising from his arrest for suspicion of child abuse. We have jurisdiction under to 28 U.S.C. § 1291 . We review de novo dismissals pursuant to Fed.R.Civ.P. 12(b)(6), Karim-Panahi v. Los Angeles Police Dep’t, 839 F.2d 621 , 623 (9th Cir.1988), and we affirm.

Because Luna failed to allege constitutional deprivations that were the result of any official policy or practice, the district court properly dismissed his section 1983 claims against the City of San Bernardino. See Monell v. Dep’t of Soc. Servs., 436 U.S. 668 , 694, 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).

Because Luna failed to allege sufficient facts, the district court properly dismissed his equal protection claim. See Village of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265 , 97 S.Ct. 555 , 50 L.Ed.2d 450 (1977) (holding proof of racially discriminatory intent or purpose required to show equal protection violation); see also Sherman v. Yakahi, 549 F.2d 1287, 1289-90 (9th Cir.1977)…

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