Chavez

Chavez v. City of Los Angeles

Good Law
111 F. App'x 881
United States Court of Appeals for the Ninth CircuitSeptember 30, 2004No. 02-56789; D.C. No. CV-00-08251-NMMCalifornia999 words

Opinion

Lead Opinion

MEMORANDUM **

1.

The district court properly granted summary judgment on Chavez’s hostile work environment claim under California’s Fair Employment and Housing Act (“FEHA”). Viewing the evidence in the light most favorable to Chavez, the instances of alleged harassment were not sufficiently severe or pervasive to alter the conditions of his employment. See Faragher v. City of Boca Raton, 524 U.S. 775, 786-88 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998); Manatt v. Bank of America, NA, 339 F.3d 792, 798-99 (9th Cir.2003).

2.

The district court properly granted summary judgment on the Chavezes’ 42 U.S.C. § 1983 claim alleging that the City deprived the Chavez family of its Fourth Amendment privacy rights by conducting abusive surveillance or overflights in LAPD helicopters. Chavez presented no evidence showing that the City or the LAPD had a custom or policy of conducting harassing overflights of officers or citizens. See Gibson v. County of Washoe, 290 F.3d 1175, 1185-86 (9th Cir.2002); Monell v. Dept. of Soc. Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978).

3.

Summary judgment is appropriate on the majority of Chavez’s retaliation claims. Chavez failed to…

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