Lacc

Dharod v. Los Angeles City College

Good Law
509 F. App'x 664
United States Court of Appeals for the Ninth CircuitFebruary 19, 201311-56607California519 words

Opinion

Opinion

MEMORANDUM

Sheila Dharod appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action alleging claims related to her impeachment as a student body leader at a California community college. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm in part, vacate in part, and remand.

The district court properly dismissed Dharod’s 42 U.S.C. § 1985 claims because Dharod failed to allege either a racial or other class-based conspiracy to deprive her of her equal protection rights, or that defendants interfered with any judicial proceeding or a federal official’s performance of his or her duties. See 42 U.S.C. § 1985 ; see also Usher v. Los Angeles, 828 F.2d 556, 561 (9th Cir.1987) (discussing elements of § 1985 claim).

The district court properly dismissed Dharod’s § 1983 claims against the Los Angeles City College and the Associated Students Organization based on Eleventh Amendment sovereign immunity, and against the individual student defendants because they did not act under color of state law. See Rounds v. Or. State Bd. of Higher Educ., 166 F.3d 1032 , 1035-36 (9th…

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