Stuter

MEMORANDUM *

Lynn Stuter, her husband Byrd, and their daughter Monica appeal from the district court’s grant of summary judgment in favor of defendant Stevens County Sheriffs Department (“the Department”) in their 42 U.S.C. § 1983 action. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The district court properly granted summary judgment on the Stuters’ First Amendment retaliation claim. “In order to demonstrate a First Amendment violation, a plaintiff must provide evidence showing that by his actions the defendant deterred or chilled the plaintiffs political speech and such deterrence was a substantial or motivating factor in the defendant’s conduct.” Mendocino Envtl. Ctr. v. Mendocino County, 192 F.3d 1283 , 1300 (9th Cir.1999) (internal quotations omitted) (emphasis added). Although there is evidence that the Department may have failed to respond adequately to the Stuters’ numerous complaints of harassment and vandalism, there is no evidence that *666 the Department’s action (or inaction) was motivated by a desire to chill the Stuters’ speech.

II

The district court also properly granted…