Associated General Contractors v. California Department of Transportation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ASSOCIATED GENERAL No. 11-16228

CONTRACTORS OF AMERICA , SAN

DIEGO CHAPTER, INC., a non profit D.C. No. California corporation, 2:09-cv-01622- Plaintiff-Appellant, JAM-GGH

v.

OPINION

CALIFORNIA DEPARTMENT OF

TRANSPORTATION ; WILL KEMPTON ,

individually and in his official capacity as Director of the California Department of Transportation;

OLIVIA FONSECA ,

Defendants-Appellees,

COALITION FOR ECONOMIC EQUITY ;

NATIONAL ASSOCIATION FOR THE

ADVANCEMENT OF COLORED

PEOPLE , San Diego Chapter, Intervenor-Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted February 11, 2013—San Francisco, California A SSOC . G EN . C ONTRACTORS V . C AL . D EP ’ T OF T RANSP .

Filed April 16, 2013

Before: Jerome Farris, Sidney R. Thomas, and N. Randy Smith, Circuit Judges.

Opinion by Judge Farris

SUMMARY*

Civil Rights

The panel dismissed an appeal from the district court’s summary judgment in a 42 U.S.C. § 1983 action in which plaintiffs,…