McCullough

McCullough v. City of Compton

Good Law
300 F. App'x 575
United States Court of Appeals for the Ninth CircuitNovember 20, 2008No. 07-55526California857 words

Opinion

lead Opinion

MEMORANDUM **

Howard McCullough (“McCullough”) appeals the order of the United States District Court for the Central District of California (the “District Court”) granting summary judgment in favor of the City of Compton (the “City”).

McCullough owns property in Compton, CA (the “Property”). The City removed and destroyed various construction materials from the Property pursuant to a Sentencing Order McCullough signed to resolve criminal charges brought by the City. McCullough asserts claims against the City for violating the Fourth Amendment, procedural due process, substantive due process, the Takings Clause, and California state law.

We review a grant of summary judgment de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). Appellate review is governed by the same standards for summary judgment under Fed.R.Civ.P. 56 applied by the trial court. Qwest Commc’ns, Inc. v. City of Berkeley, 433 F.3d 1253 , 1256 (9th Cir.2006). A party moving for summary judgment must dem *577 onstrate that there are no genuine issues of material fact to be tried and that it is therefore entitled to summary judgment as a matter of law. Fed.R.Civ.P. 56(c). Upon review of the District Court’s…

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