Lumbreras
Lumbreras v. Roberts
Opinion
Lead Opinion
MEMORANDUM **
Plaintiffs Cristobal Lumbreras and Fremont Forest Systems, Inc., sued Defendants Roberts, Cunningham, and Wojtyla, all employees of the Oregon Bureau of Labor and Industries (“BOLI”), under 42 U.S.C. § 1983 . Plaintiffs contend that BOLI’s summary revocation of their farm/forest labor contractor license violated the Equal Protection and Due Process Clauses of the U.S. Constitution. The district court granted Defendants’ motion for summary judgment, finding that they were entitled to qualified immunity. On de novo review, Yakutat, Inc. v. Gutierrez, 407 F.3d 1054, 1066 (9th Cir.2005), we affirm the district court’s ruling.
With respect to the forest labor license, this court has previously held that “summary government action taken in emergencies designed to protect public health, safety and general welfare does not violate due process.” Sinaloa Lake Owners Ass’n v. City of Simi Valley, 882 F.2d 1398,1405 (9th Cir.1989), overruled on other grounds *953 by Armendariz v. Penman, 75 F.3d 1311, 1326 (9th Cir.1996) (en banc). Here Plaintiffs do not dispute that their firefighter training records contained discrepancies. Nor do they dispute the danger that untrained…