SOC, Inc. v. Las Vegas Metropolitan Police Department

MEMORANDUM **

SOC, Inc. (“SOC”) appeals the district court’s judgment on the pleadings in favor of Las Vegas Metropolitan Police Department (“LVMPD”), and the Federal Rules of Civil Procedure 12(b)(6) dismissal in favor of County of Clark, Nevada. Because the parties are familiar with the facts and procedural history, we will not recount it here.

I

The district court incorrectly held that corporations do not have the right to bring a 42 U.S.C. § 1983 claim for deprivation of occupational liberty. A corporation has rights under the Fourteenth Amendment and may bring § 1983 claims when *490 its rights are violated. See Cal. Diversified Promotions, Inc. v. Musick, 505 F.2d 278, 283 (9th Cir.1974). Additionally, this Court determined in Wedges/Ledges of Cal., Inc. v. City of Phoenix, 24 F.3d 56 (9th Cir.1994), that corporations “as legal persons, also can assert a right to pursue an occupation.” Id. at 65 n. 4. Therefore, the district court’s conclusion to the contrary was in error.

II

Although SOC has a substantive due process right to pursue an occupation, the district court did not err in granting judgment on the pleadings.

In order to establish a substantive due process…