Kolwitz v. Lincoln County Ex Rel. Lincoln County Sheriff's Office

Good Law
520 F. App'x 570
United States Court of Appeals for the Ninth CircuitMay 23, 201311-35593California372 words

Opinion

Opinion

MEMORANDUM

Robert A. Kolwitz and Nancy Kolwitz appeal pro se from the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging federal constitutional violations and state law claims for defamation, false light, and intentional interference with economic relations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Luchtel v. Hagemann, 623 F.3d 975, 978 (9th Cir.2010), and we affirm.

The district court properly granted summary judgment on the Kolwitzes’ § 1983 claim because the Kolwitzes failed to raise a genuine dispute of material fact as to whether the alleged federal constitutional violations resulted from an official custom, policy, or a failure to train. See Galen v. County of Los Angeles, 477 F.3d 652 , 667 (9th Cir.2007) (discussing requirements for municipal liability under § 1983); see also Cafasso, U.S. ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1061 (9th Cir.2011) (“To survive summary judgment, a plaintiff must set forth non-speculative evidence of specific facts, not sweeping con-clusory allegations.”).

The district court properly granted summary judgment on the state law claims because the Kolwitzes failed to raise a…

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