Santa Paula Elementary School v. Ventura County Schools Self-Fu

Opinion

FILED NOT FOR PUBLICATION FEB 16 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

SANTA PAULA ELEMENTARY No. 09-56834 SCHOOL DISTRICT, a California Public School District; ANTHONY PEREZ, an D.C. No. 2:09-cv-06263-GAFindividual ; DAN ROBLES, an individual; VBK RICK CADMAN, an individual; MICHELLE KOLBECK, an individual; GARY MARSHALL, an individual, MEMORANDUM *

Plaintiffs - Appellants,

v.

VENTURA COUNTY SCHOOLS SELF- FUDING AUTHORITY, a California Joint Powers Agency,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Gary A. Feess, District Judge, Presiding

Submitted February 14, 2011 ** Pasadena, California

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Before: KLEINFELD, LUCERO,*** and GRABER, Circuit Judges.

Santa Paula Elementary School District does not have standing to sue

Ventura County Schools Self-Funding Authority for violations of the Fourteenth

Amendment. See City of S. Lake Tahoe v. Cal. Tahoe Reg’l Planning Agency,

625 F.2d 231, 233–34 (9th Cir. 1980).

The Trustees of the Santa Paula Elementary School District similarly lack

standing to sue for violations of the Fourteenth Amendment because their claims of

injury are “official,” not “personal,” in nature. See id. at 235–36.

AFFIRMED.

***

The Honorable Carlos F. Lucero, United States Circuit Judge for the Tenth Circuit, sitting by designation.