Okoro

MEMORANDUM *

Sylvester Okoro (“Okoro”) appeals a grant of summary judgment to the City of Oakland (“Oakland”) on claims that Oakland police violated his constitutional rights when they arrested him on a charge of “child annoying or molesting.” Okoro also challenges the district court’s decision to set aside an earlier entry of default against Oakland, and to sanction his attorney. Oakland cross-appeals the district court’s decision not to exercise supplemental jurisdiction over Okoro’s state law claims. We now affirm the district court’s judgment and dismiss Oakland’s cross-appeal as moot.

Though discovery was available to him from at least October 2002 until April 2003, Okoro did not develop or present any evidence of a city policy or custom behind his alleged constitutional injuries. The absence of these essential elements of municipal liability under 42 U.S.C. §§ 1983 and 1981 is fatal to his case. See Monell v. Dep’t of Soc. Servs. of the City of New York, 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978); Jett v. Dallas Ind. Sch. Disk, 491 U.S. 701, 735-36 , 109 S.Ct. 2702 , 105 L.Ed.2d 598 (1989). Okoro also argues on appeal that the police officers who arrested…