Ventura Group Ventures, Inc. v. California

MEMORANDUM *

Plaintiff Ventura Group Ventures, Inc. appeals from the grant of summary judgment to the State of California in this action alleging inadequate compensation for a taking. The district court dismissed on the ground that takings claims must be brought pursuant to 42 U.S.C. § 1983 , but that the State may not be sued under that statute because it is not a “person” as defined therein. We affirm.

The action brought by VGV is foreclosed. As this Court has held in the context of a takings action, “[p]laintiff[s] ha[ve] no cause of action directly under the United States Constitution.... [A] litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983 .” Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir.1992); see also Golden Gate Hotel Ass’n v. City and County of San Francisco, 18 F.3d 1482, 1486 (9th Cir.1994) (“[A]ll claims of unjust taking ha[ve] to be brought pursuant to Section 1983 ....”) (citing Azul). And states may not be sued under § 1983 because they are not “persons” within the meaning of the statute. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989). We are bound to…