Wyss

Wyss v. City of Hoquiam

Good Law
111 F. App'x 449
United States Court of Appeals for the Ninth CircuitJuly 21, 2004No. 04-35020; D.C. No. CV-02-05529-JKACalifornia604 words

Opinion

Lead Opinion

MEMORANDUM **

John R. Wyss appeals pro se the district court’s decision denying his motion for summary judgment and granting Defendants-Appellees’ (“the City”) motion for summary judgment in this 42 U.S.C. § 1983 action. Wyss contends that the district court erred in determining that the City did not “depriv[e] [him] of home and property without compensation,” provided adequate procedural due process, and did not effect an unconstitutional “physical invasion and total taking of [his] property for public benefit without compensation.” We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s order granting summary judgment, viewing the facts in the light most favorable to the nonmoving party. Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). We affirm.

Wyss asserts that he is entitled to compensation for damages resulting from the order to vacate and the severance of electrical service because he was deprived of property without due process. He contends that he was entitled to a hearing before being ordered to vacate his home because there was no emergency present. Multiple expert declarations in the record clearly demonstrate…

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