Belfield
Belfield v. City of San Jose
Opinion
Lead Opinion
MEMORANDUM **
Magnolia Belfield appeals pro se the district court’s summary judgment in favor of defendants in her action alleging selective enforcement of San Jose code enforcement laws based on race and illegal search of her residence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we affirm.
The district court properly granted summary judgment in favor of defendant City of San Jose because Belfield failed to present any evidence demonstrating constitutional deprivations resulting from an official governmental policy or custom. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).
The district court properly granted summary judgment on Belfield’s selective enforcement claim because she failed to present evidence sufficient to create a genuine of issue of material fact concerning whether defendants targeted her because of her race. See Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888 , 110 S.Ct. 3177 , 111 L.Ed.2d 695 (1990) (holding that party opposing summary judgment does not show “genuine issue for trial” by “replac[ing] conclusory…