U.S. Court of Appeals for the Ninth Circuit, 2010

Zakiya Vaughn v. United States Government (Fbi)

Zakiya Vaughn v. United States Government (Fbi)
U.S. Court of Appeals for the Ninth Circuit · Decided January 5, 2010 · Goodwin, Wallace, Clifton
361 F. App'x 756

Zakiya Vaughn v. United States Government (Fbi)

Opinion

MEMORANDUM **

Zakiya Vaughn and her children appeal pro se from the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging Fourteenth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Conlon v. United States, 474 F.3d 616, 621 (9th Cir. 2007), and we affirm.

The district court properly granted summary judgment because plaintiffs failed to raise a triable issue of material fact as to whether the Sacramento City Police had a custom or practice of ignoring the safety of African-American individuals when searching premises for criminal suspects. See Fed.R.Civ.P. 36(a)(3) (deeming admitted matters set forth in a request for admission unless the party to whom the request is directed responds within 30 days); Conlon, 474 F.3d at 621 (“Unanswered requests for admissions may be relied on as the basis for granting summary judgment.”).

AFFIRMED.

**

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

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