Bealer

Bealer v. City of San Diego

Good Law
78 F. App'x 35
United States Court of Appeals for the Ninth CircuitSeptember 16, 2003No. 02-56993California644 words

Opinion

Lead Opinion

MEMORANDUM **

Lakisha Bealer and her parents, Mae and Satchel Tucker, appeal pro se the district court’s orders granting summary judgment to defendants, and denying their motions for leave to amend and to compel a state court to unseal documents in their 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and for an *37 abuse of discretion the denial of a motion to amend a complaint, Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087 (9th Cir.2002). We affirm in part, reverse in part and remand.

Summary judgment was proper on Appellants’ constitutional claims against the City and County of San Diego for warrantless entry, invalid warrant, and excessive force, because Appellants failed to raise a genuine issue of material fact regarding whether the alleged constitutional violations were the product of a city or county custom or practice. See Monell v. Dep’t of Soc. Svcs. of City of New York, 436 U.S. 658, 690 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).

Summary judgment was proper on Appellants’ state law claims for nighttime service, invasion of…

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