Groppi

MEMORANDUM **

Rebecca A. Groppi appeals the district court’s orders granting Kirk Barham’s 1) motion for summary judgment on Groppi’s equal protection claim, 2) motion to dismiss Groppi’s Fourth Amendment claim without leave to amend, and 3) motion to dismiss Groppi’s substantive due process claim without leave to amend. Each of Groppi’s claims were brought under 42 U.S.C. § 1983 and stem from the death of her son Jesse Gentry.

We have jurisdiction under 28 U.S.C. § 1291 and we affirm. Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition.

The district court’s decision to grant a motion to dismiss for failure to state a claim is reviewed de novo. Decker v. Advantage Fund, Ltd., 362 F.3d 593, 595-96 (9th Cir.2004). The district court’s decision to deny leave to amend is reviewed for abuse of discretion. Chodos v. West Publishing Co., Inc., 292 F.3d 992, 1003 (9th Cir.2002).

The district properly granted Barham’s motion to dismiss Groppi’s Fourth Amendment claim because the facts alleged in her first amended complaint, and all reasonable inferences that could be drawn therefrom, failed…