Buel

Buel v. City & County of San Francisco

Good Law
166 F. App'x 901
United States Court of Appeals for the Ninth CircuitJanuary 5, 2006No. 04-15547California778 words

Opinion

Lead Opinion

MEMORANDUM *

Tracey Buel appeals the district court’s dismissal with prejudice of her 42 U.S.C. § 1983 claims against the City and County of San Francisco (“San Francisco”), its denial of her motion for leave to amend her complaint, and its denial of her motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 1291 . For the reasons set forth below, we affirm.

1. The district court did not err in dismissing Buel’s complaint with prejudice

A. Buel’s complaint failed to state a claim for municipal liability under § 1983

The district court properly granted San Francisco’s Federal Rule of Civil Procedure 12(c) motion for judgment on the pleadings because Buel’s complaint lacked an allegation of municipal liability. 1 A plaintiff asserting a § 1983 claim against a municipality must make at least “a bare allegation that the individual officers’ conduct conformed to official policy, custom, or practice.” 2 Buel’s complaint did not include such an allegation and, therefore, dismissal was proper as the complaint did not state a claim.

B. The district court was well within its discretion when it dismissed Buel’s complaint with prejudice

Due to the late stage at which…

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