Howard Tounget v. City of Hemet

MEMORANDUM

Howard Tounget appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the City of Hemet violated various constitutional rights in connection with the towing of his vehicles. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Stoot v. City of Everett, 582 F.3d 910, 918 (9th Cir.2009). We affirm.

The district court properly granted summary judgment on Tounget’s procedural due process claims because Tounget failed to establish a genuine dispute of material fact as to whether defendant impermissi-bly deprived him of a protected property interest and process to which he was entitled. See Lone Star Sec. & Video, Inc. v. City of Los Angeles, 584 F.3d 1232, 1238 (9th Cir.2009) (recognizing exceptions to general pre-towing notice requirement, such as in emergencies or when the interest at stake is small relative to the burden that giving notice would impose, and noting that owner’s normal interest in use of vehicle is significantly less where vehicle is not being used for transportation); Outdoor Media Grp., Inc. v. City of Beaumont, 506 F.3d 895, 903 (9th Cir.2007) (“[PJroperty interests giving rise to a due…