Mueller

Mueller v. County of Los Angeles

Good Law
262 F. App'x 858
United States Court of Appeals for the Ninth CircuitJanuary 9, 2008No. 06-55564California869 words

Opinion

lead Opinion

MEMORANDUM **

Plaintiff-Appellant Steve Mueller, a Los Angeles County firefighter, appeals the *859 district court’s grant of summary judgment to Defendant-Appellee, the County of Los Angeles (“the County”), in his 42 U.S.C. § 1983 action alleging violations of his Fourteenth Amendment and First Amendment rights. He also appeals the district court’s denial of his application for a continuance of the summary judgment hearing pursuant to Federal Rule of Civil Procedure 56(f), and the district court’s denial of his ex parte application for reconsideration of its denial of the Rule 56(f) application. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. § 1983 Monell Claims

We review de novo a district court’s decision to grant summary judgment. Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001). Viewing the evidence in the light most favorable to Mueller, we conclude that the district court did not err in granting summary judgment for the County. See United States ex rel. Ali v. Daniel, Mann, Johnson & Mendenhall, 355 F.3d 1140, 1144 (9th Cir.2004).

To survive summary judgment on his § 1983 claims, Mueller must demonstrate that there is a…

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