Peter Vu v. Sfpd

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 25 2022

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PETER VU, No. 21-15619

Plaintiff-Appellant, D.C. No. 4:20-cv-04579-JSW v.

MEMORANDUM* SAN FRANCISCO POLICE DEPARTMENT; CITY OF SAN FRANCISCO, a municipal corporation; WILLIAM SCOTT, Officer; as an individual in his official capacity as a Police Chief of San Francisco Police Department; NICHOLAS RAINSFORD, Officer; as an individual in his official capacity as an officer of San Francisco Police Department; ZUROSKI, First name unknown; Officer; as an individual in his official capacity as an officer of San Francisco Police Department; E. ROBERTS, Officer; as an individual in his official capacity as an officer of San Francisco Police Department,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Submitted February 15, 2022**

Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.

Peter Vu appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging a Fourteenth Amendment equal protection violation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B). Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012). We affirm.

The district court properly dismissed Vu’s action because Vu failed to allege facts sufficient to state a plausible claim. See Furnace v. Sullivan, 705 F.3d 1021, 1030 (9th Cir. 2013) (“To state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause of the Fourteenth Amendment a plaintiff must show that the defendants acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class.” (citation and internal quotation marks omitted)); Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must allege facts sufficient to state a plausible claim).

AFFIRMED.