624 Fed.Appx. 572 (9th Cir. 2015), 13-56915, Wiley v. Department of Children & Family Services

Docket Nº:13-56915
Citation:624 Fed.Appx. 572
Party Name:EDWARD HOWARD WILEY, Plaintiff - Appellant, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant - Appellee
Attorney:EDWARD HOWARD WILEY, Plaintiff - Appellant, Pro se, Los Angeles, CA. For DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant - Appellee: Anita Susan Brenner, Esquire, Law Offices of Torres & Brenner, Pasadena, CA; Leonard E. Torres, Esquire, Law Offices of Torres & Brenner, Pasadena, CA.
Judge Panel:Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Case Date:December 15, 2015
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 572

624 Fed.Appx. 572 (9th Cir. 2015)

EDWARD HOWARD WILEY, Plaintiff - Appellant,

v.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant - Appellee

No. 13-56915

United States Court of Appeals, Ninth Circuit

December 15, 2015

Submitted December 9, 2015. [**]

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Central District of California. D.C. No. 2:12-cv-04334-GHKAJW. George H. King, Chief Judge, Presiding.

AFFIRMED in part, VACATED in part, and REMANDED.

EDWARD HOWARD WILEY, Plaintiff - Appellant, Pro se, Los Angeles, CA.

For DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Defendant - Appellee: Anita Susan Brenner, Esquire, Law Offices of Torres & Brenner, Pasadena, CA; Leonard E. Torres, Esquire, Law Offices of Torres & Brenner, Pasadena, CA.

Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.

Page 573

MEMORANDUM[*]

Edward Howard Wiley appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising from defendant's removal of his children from his care. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We affirm in part, vacate in part, and remand.

The district court properly dismissed Wiley's § § 1981 and 1983 claims because Wiley failed to allege facts sufficient to show that defendant had a policy or custom that caused his alleged constitutional harms. See

City of Canton v. Harris, 489 U.S. 378, 385, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989) (under § 1983, a municipality is liable if there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation); Fed'n of African Am. Contractors v. City of Oakland, 96 F.3d 1204, 1215-16 (9th Cir. 1996) (under § 1981, a municipality is liable for policies and customs which cause injuries, not for the actions of its employees).

The district court properly dismissed Wiley's Title VII claim...

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