Foti

Foti v. McHugh

Good Law
247 F. App'x 899
United States Court of Appeals for the Ninth CircuitAugust 28, 2007No. 05-16079California492 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs-appellants Robert-John:Foti (“Foti”), Joseph Leonard Neufeld, and Kenneth Augustine (collectively, “Appellants”) appeal the district court’s dismissal of their constitutional claims with prejudice. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the facts are known to the parties, we do not review them here.

Appellants contend that the U.S. Marshals Service and Federal Protective *901 Service, as well as individual security officers, violated Appellants’ constitutional rights by refusing them access to the federal building at 450 Golden Gate Avenue in San Francisco, California. The district court properly dismissed Appellants’ lawsuit for failure to state a claim because Appellants do not have a constitutional right to enter the federal building anonymously. See Gilmore v. Gonzales, 435 F.3d 1125, 1136-39 (9th Cir.2006); INS v. Delgado, 466 U.S. 210, 216 , 104 S.Ct. 1758 , 80 L.Ed.2d 247 (1984). Because the government’s identification policy does not violate Appellants’ constitutional rights, we need not address whether the district court properly dismissed Appellants’ claims for injunctive relief against the agencies on the…

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