Richardson Construction, Inc. v. Clark County School District

MEMORANDUM *

Richardson Construction, Inc. (“Richardson”) appeals the district court’s dismissal of its Third Amended Complaint (“TAC”) which primarily alleged, pursuant to 42 U.S.C. §§ 1983 and 1985, that the Clark County School District (“CCSD”) violated its civil rights by, inter alia, refusing to allow Richardson to bid on any CCSD construction projects as long as Richardson was pursuing litigation against CCSD. Richardson is owned by an African-American male, and CCSD’s actions were allegedly motivated in part by his race. CCSD cross-appeals the denial of its subsequent motion for attorneys’ fees pursuant to 42 U.S.C. § 1988 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We do not reach the sufficiency of Richardson’s allegations of standing, because dismissal was warranted on the basis of the statute of limitations — upon which we have received supplemental briefing. We may affirm the district court’s dismissal of the complaint on any basis fairly supported in the record. Vestar Dev. II, LLC v. Gen. Dynamics Corp., 249 F.3d 958, 960 (9th Cir.2001).

“A statute of limitations under § 1983 ... begins to run when the cause of action accrues, which is…