Aziz Safouane v. Stephen Hassett

MEMORANDUM

Aziz and Sarah Safouane (“the Sa-fouanes”) appeal pro se from the district court’s judgment in their 42 U.S.C. § 1983 action alleging a constitutional violation and a state law malicious prosecution claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Love v. Associated Newspapers, Ltd., 611 F.3d 601, 608 (9th Cir.2010) (dismissal of a claim for lack of personal jurisdiction); Tucker v. Baxter Healthcare, 158 F.3d 1046 , 1049 (9th Cir.1998) (grant of summary judgment based on the statute of limitations); Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001) (grant of summary judgment).

The district court properly dismissed the 42 U.S.C. § 1983 claim against the foster parents and social workers because the Safouanes failed to effect proper service of the summons and complaint and the foster parents and social workers did not waive their defense of lack of personal jurisdiction when they did not raise the defense during the Safounes’ initial appeal. See Benny v. Pipes, 799 F.2d 489, 492 (9th Cir.1986) (explaining that actual notice is insufficient to confer personal jurisdiction over a defendant if service does not substantially comply with Rule 4); see…