Taylor

Taylor v. City of Yorba Linda

Good Law
168 F. App'x 823
United States Court of Appeals for the Ninth CircuitFebruary 22, 2006No. 04-55952California594 words

Opinion

Lead Opinion

MEMORANDUM **

John Taylor appeals the district court’s order granting summary judgment 1 to the defendants, and dismissing Taylor’s claims under 42 U.S.C. § 1983 alleging a conspiracy to violate his right to run for office, protected by the First and Fourteenth Amendments. We have jurisdiction pursuant to 18 U.S.C. § 1291 . 2 Taylor argues that declaration testimony by one of his political supporters, Dawn Muranaka, is sufficient to create a fact issue as to whether the conduct underlying Taylor’s complaint was caused by an unconstitutional municipal policy, rather than some other reason, such as personal dislike for Taylor.

The First Amendment protects the right to seek elective office. See Davies v. Grossmont Union High School Dist., 930 F.2d 1390 , 1396-98 (9th Cir.1991). A plaintiff may recover damages under 42 U.S.C. § 1983 for state action retaliating against political expression. Gibson v. United States, 781 F.2d 1334, 1338 (9th Cir.1986). A municipality may be held liable for damages under 42 U.S.C. § 1983 for a policy, practice, or custom that causes a constitutional violation. See Monell v. New York City Dep’t of Soc. Serv., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56…

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