Jesus Cortez v. County of Alameda

580 F. App'x 565

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 24, 2014
• Docket: 12-16669
• Status: Unpublished

Opinion

MEMORANDUM *

Plaintiffs-Appellants are Hispanic homeowners in Hayward, California, who allege that the County of Alameda has selectively enforced a zoning ordinance against them, in violation of 42 U.S.C. § 1983. They assert that the county defendants are selectively enforcing the ordinance against them. They have not, however, alleged that there are any similarly situated non-Hispanic homeowners who are violating the ordinance but are not being cited. They therefore cannot make out a selective enforcement claim against the county defendants. See Freeman v. City of Santa Ana, 68 F.3d 1180, 1187 (9th Cir.1995). California state law concerning the effect of deed restrictions is not relevant to any federal claim.

Plaintiffs, also allege violations of § 1983 by individual members of the homeowners association but allege no facts to support a conspiracy or any other theory of state action on the part of the homeowner association defendants. See Franklin v. Fox, 312 F.3d 423, 441 (9th Cir.2002) (requiring conspiracy or joint action with a state actor to hold liable a private individual under § 1983).

Accordingly, the district court properly dismissed the complaint as failing to adequately allege any federal claim upon which relief could be granted.

Affirmed.

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