Bill Stoller v. City of Phoenix

390 F. App'x 696

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 2, 2010
• Docket: 09-16027
• Status: Unpublished

Opinion

MEMORANDUM **

Bill Stoller appeals pro se from the district court’s judgment dismissing plaintiffs’ 42 U.S.C. § 1983 action alleging that defendants promote customs, usages, and practices that discourage the lawful enforcement of federal immigration laws. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly concluded that defendants are immune under Arizona law. See Ariz.Rev.Stat. Ann. §§ 12-820.01 & 12-801.02 (2010) (providing immunity for public entities and public employees acting within the scope of their employment); see also AlliedSignal, Inc. v. City of Phoenix, 182 F.3d 692, 695 (9th Cir.1999) (a public entity is immune for actions involving the determination of a “fundamental governmental policy”). Moreover, Stoller failed to state an equal protection claim. See Ashcroft v. Iqbal, — U.S. -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (“[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.”) (citation and internal quotation marks omitted).

Stoller’s remaining contentions are unpersuasive.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir.'R. 36-3.