Jones

Jones v. Meier

Good Law
76 F. App'x 801
United States Court of Appeals for the Ninth CircuitSeptember 22, 2003No. 03-35274; D.C. No. CV-02-06271-ALACalifornia472 words

Opinion

Lead Opinion

MEMORANDUM **

B.J. Jones appeals pro se the district court’s summary judgment in favor of defendants in his action alleging that defendant City of Reedsport (“the City”) and its employees and contractors violated 42 U.S.C. § 1983 and Oregon law by turning off the power in a building he owned. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s grant of summary judgment de novo, Patel v. Penman, 103 F.3d 868, 874 (9th Cir.1996), and we affirm.

The district court properly granted summary judgment in favor of the City on Jones’s constitutional claims, because Jones failed to allege the City had a policy to deprive him of his constitutional rights, and the City’s evidence showed that there was no such policy. See Monell v. Dep’t of Soc. Sevs., 436 U.S. 658, 691 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).

The district court properly granted summary judgment in favor of city employees and contractors on Jones’s due process claim, because the record shows Jones sought Oregon administrative remedies, which were adequate to protect his procedural due process rights. See Brogan v. San Mateo County, 901 F.2d 762, 764 (9th Cir.1990). Accordingly, it is unnecessary to…

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