Charles Caddell v. Helena Elderhousing, Inc.

MEMORANDUM

In these consolidated appeals, Charles L. Caddell appeals pro se from the district court’s judgments in his actions against the City of Helena (“the City”) and Helena Elder Housing, Inc. (“HEH”) in connection with two citations Caddell was issued for disorderly conduct. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir.2003) (summary judgment); Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir.2002) (res judicata); Nelson v. Heiss, 271 F.3d 891, 893 (9th Cir.2001) (Fed.R.Civ.P. 12(b)(6) dismissal). We affirm.

In No. 10-36110, the district court properly granted summary judgment for the City because Caddell failed to establish a genuine dispute of material fact as to whether the alleged federal constitutional violations resulted from an official city policy, custom, or practice. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690-91 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978) (setting forth requirements for a § 1983 claim of municipal liability).

The district court properly dismissed Caddell’s due process claims against HEH because Caddell failed to allege the deprivation of a protected liberty or property…