Jayantibhai Patel v. City of Long Beach

dissenting:

I respectfully dissent. In my view, Long Beach Municipal Code Section 5.48.010 violates the Fourth Amendment on its face. See Patel v. City of Los Angeles, 686 F.3d 1085 (9th Cir.2011) (Pregerson, J., dissenting).

MEMORANDUM *

The Patels appeal from the district court’s dismissal of their suit under 42 U.S.C. § 1983 alleging violation of due process and the First and Fourth Amendments. The Patels’ claims arise from actions taken by Long Beach towards them in their roles as owners and operators of the Princess Inn, a motel in Long Beach, California. We affirm.

I. Due Process

Plaintiffs Pravin and Dipak Patel claimed that Long Beach deprived them of substantive due process by failing to give them notice of the administrative hearing regarding the revocation of the license to operate the Princess Inn. Pravin and Dipak, as owners of the Inn, did not have a property interest in Jayantibhai Patel’s license to operate the Inn and therefore did not have a right to procedural due process. *161 See Board of Regents of State Colleges v. Roth, 408 U.S. 564, 569-570 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972) (“The requirements of procedural due process apply only to deprivation of interests encompassed by the Fourteenth Amendment’s protection of liberty and property.”). As the district court noted, Dipak and Pravin may have a “curious interest” in the outcome of the license revocation hearing, but they…

FILED

NOT FOR PUBLICATION JUL 17 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

JAYANTIBHAI PATEL, Individual and No. 09-56699 all others similarly situated and Plaintiff Tenants, DBA Princess Inn; et al., D.C. No. 2:08-cv-02806-ABC-VBK

Plaintiffs - Appellants,

MEMORANDUM *

v.

CITY OF LONG BEACH,

a municipal corporation,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Audrey B. Collins, Chief District Judge, Presiding

Argued and Submitted December 6, 2010 Pasadena, California

Before: PREGERSON, CLIFTON, and BEA, Circuit Judges.

The Patels appeal from the district court’s dismissal of their suit under

U.S.C. § 1983 alleging violation of due process and the First and Fourth

Amendments. The Patels’ claims arise from actions taken by Long Beach towards

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. them in their roles as owners and operators of the Princess Inn, a motel in Long

Beach, California. We…