Moreno
Moreno v. City of Sacramento
Opinion
Lead Opinion
MEMORANDUM *
Mario Moreno appeals the summary judgment dismissal of his 42 U.S.C. § 1983 action against the City of Sacramento and various city officials for the demolition of a building he owned and the resulting de *658 struction of personal property inside. We review the district court’s grant of summary judgment de novo, viewing the facts in the light most favorable to Moreno, the non-moving party. See Mabe v. San Bernardino County, Dep’t of Pub. Soc. Servs., 237 F.3d 1101, 1106 (2001). To demonstrate § 1983 liability, Moreno must show not only that his constitutional rights were violated, but that those rights were clearly established at the time of the violation. See Saucier v. Katz, 533 U.S. 194 , 201-02, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).
We affirm the district court’s dismissal of Moreno’s takings, substantive due process, and unreasonable search claims, but reverse the dismissal of his procedural due process and unreasonable seizure claims. As the parties are familiar with the procedural and historical facts of the case, we recite them only as necessary to explain our decision.
1. Taking of Property