Brown
Brown v. City of Los Angeles
Opinion
Lead Opinion
MEMORANDUM **
Appellant James Brown appeals pro se the district court’s grant of summary judgment for the City of Los Angeles (“the City”). Brown alleged racial discrimination by the City when it denied his proposal to lease space in a City-owned property. We have jurisdiction pursuant to 28 U.S.C. 1291, and we affirm.
We review de novo a district court’s grant of summary judgment. Community Bank of Arizona v. G.V.M. Trust, 366 F.3d 982, 984 (9th Cir.2004).
To establish municipality liability for his equal protection claim under 42 U.S.C. § 1983 , Brown had to demonstrate that (1) he was deprived of a constitutional right; (2) the municipality has a policy; (3) the policy amounts to deliberate indifference to plaintiffs constitutional rights; and (4) the policy is the moving force behind the violation. Oviatt v. Pearce, 954 F.2d 1470 , 1474 (9th Cir.1992). Deliberate indifference “occurs when the need for more or different action is so obvious, and the inadequacy of the current procedure so likely *709 to result in the violation of constitutional rights, that the policymakers ... can reasonably be said to have been deliberately indifferent to that need.” Id. at 1477.