U.S. Court of Appeals for the Ninth Circuit, 2017

Guillermo Trujillo v. Gomez

Guillermo Trujillo v. Gomez
U.S. Court of Appeals for the Ninth Circuit · Decided October 3, 2017 · Silverman, Tallman, Smith
698 F. App'x 368

Guillermo Trujillo v. Gomez

Opinion

MEMORANDUM ***

Guillermo Cruz Trujillo, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and retaliation claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under § 1915(e)(2)(B)(ii)). We affirm.

The district court properly dismissed Trujillo’s due process claim because Trujillo had an adequate postdeprivation remedy under California law. See Hudson v. Palmer, 468 U.S. 517, 533, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984) (“[A] ... deprivation of property by a state employee does not constitute a violation of the procedural requirements of the Due Process Clause of the Fourteenth Amendment if a meaningful postdeprivation remedy for the loss is available.”); Barnett v. Centoni, 31 F.3d 813, 816-17 (9th Cir. 1994) (“California [l]aw provides an adequate post-deprivation remedy for any property deprivations.”).

The district court properly dismissed Trujillo’s retaliation claim because Trujillo failed to allege facts sufficient to show that Trujillo’s filing of a grievance was the substantial or motivating factor behind defendants’ alleged conduct. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (elements of a retaliation claim in the prison context); see also Brodheim v. Cry, 584 F.3d 1262, 1271 (9th Cir. 2009) (“To prevail on a retaliation claim, a plaintiff must show that his protected conduct was the substantial or motivating factor behind the defendant’s conduct.” (citation and internal quotation marks omitted)).

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent , except as provided by Ninth Circuit Rule 36-3.

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