Chitty
Chitty v. Nye County Sheriff'S Department
Opinion
Lead Opinion
MEMORANDUM **
Leroy and Donna Chitty (“the Chittys”) appeal pro se the district court’s summary judgment in favor of defendants in the Chittys’ 42 U.S.C. § 1983 action alleging the Nye County Sheriffs Department (“NCSD”) and Auto World Towing (“Auto World”) violated the Chittys’ due process and equal protection rights by executing on a state court writ to confíscate their motor home without providing adequate notice and an opportunity to be heard. We have jurisdiction pursuant to 12 U.S.C. § 1291 . We review de novo a grant of summary judgment, Weiner v. San Diego County, 210 F.3d 1025,1028 (9th Cir.2000), and we may affirm on any ground supported by the record, Charley’s Taxi Radio Dispatch Corp. v. SIDA of Hawaii, Inc., 810 F.2d 869 , 874 (9th Cir.1987).
The district court properly granted summary judgment because the Chittys did not raise a genuine issue of material fact as to whether the Chittys received inadequate notice or opportunity to be heard. See Radonbenko v. Automated Equip. Corp., 520 F.2d 540, 544 (9th Cir.1975) (holding that a plaintiffs own inconsistent statements do not give rise to a genuine issue of material fact); Brewster v. Bd. of Educ., 149 F.3d 971 ,…