Carlton

*742 MEMORANDUM ***

Curtis Carlton appeals pro se the district court’s dismissal for failure to state a claim of his 42 U.S.C. § 1983 action alleging his constitutional rights were violated and numerous state torts committed when an airport police officer took him into custody at the Fresno Yosemite International Airport. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), and affirm in part, reverse in part, and remand.

The district court correctly dismissed the section 1983 claim against the City of Fresno because Carlton did not allege that the constitutional violations resulted from an official policy or custom. See Kentucky v. Graham, 473 U.S. 159, 167 , 105 S.Ct. 3099 , 87 L.Ed.2d 114 (1985). The district court properly dismissed the section 1983 claim against Officer Rabner in his official capacity because the claim is also, in effect, a claim against the City of Fresno. See Kentucky, 473 U.S. at 167 n. 14.

The district court improperly dismissed Carlton’s section 1983 claim against Officer Rabner in his individual capacity on the grounds of qualified immunity because there are no facts…