Mallas

Mallas v. City of Las Vegas

Good Law
51 F. App'x 762
United States Court of Appeals for the Ninth CircuitDecember 2, 2002No. 01-16794; D.C. No. CV-S-98-1033-RLJCalifornia262 words

Opinion

Lead Opinion

MEMORANDUM **

Brian Mallas and Nick Mallas (“Mallas-es”) appeal the district court’s grant of summary judgment in favor of Sgt. Randall Montandon (“Montandon”), a Las Vegas police officer, on grounds of qualified immunity, in a case brought under 42 U.S.C. § 1983 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

*763 We review a district court’s grant of summary judgment and decision regarding qualified immunity de novo. See Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002). Because the parties are familiar with the factual and procedural history of the case, we will not detail them here.

The Mallases claim that Montandon violated their constitutional rights by interfering with their ability to obtain financing for the repair and rehabilitation of certain apartment buildings, and to avert foreclosure proceedings. The district court determined, and we agree, that, viewing the evidence in a light most favorable to the Mallases, they have not shown an underlying constitutional deprivation, including a takings claim, a substantive or procedural due process claim, nor is a class or group implicated with respect to their equal protection claim. Montandon is…

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