Cortland v. Myers, 112012 FED9, 11-35973

Docket Nº:11-35973
Party Name:BRIAN CORTLAND, Plaintiff - Appellant, v. JEFFREY SCOTT MYERS; et al., Defendants-Appellees.
Judge Panel:Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Case Date:November 20, 2012
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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BRIAN CORTLAND, Plaintiff - Appellant,

v.

JEFFREY SCOTT MYERS; et al., Defendants-Appellees.

No. 11-35973

United States Court of Appeals, Ninth Circuit

November 20, 2012

NOT FOR PUBLICATION

Submitted November 13, 2012 [**]

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding D.C. No. 3:11-cv-05489-BHS

Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.

MEMORANDUM [*]

Brian Cortland appeals pro se from the district court's judgment dismissing his action under 42 U.S.C. §§ 1983 and 1985(3) alleging that defendants failed to comply with Washington's Public Records Act. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for failure to state a claim. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). We affirm.

The district court properly dismissed Cortland's claim under 42 U.S.C. § 1983 because Cortland failed to allege that defendants deprived him of a federal right. See Gibson v. United States, 781 F.2d 1334, 1338 (9th Cir. 1986) ("To make out a cause of action under section 1983, plaintiffs must plead that (1) the defendants acting under color of state law (2) deprived plaintiffs of rights secured by the Constitution or federal statutes.").

The district court properly dismissed Cortland's claim under 42 U.S.C. § 1985(3) because Cortland failed to allege that racial or other class-based discriminatory animus motivated the alleged conspiracy to deprive him of his rights. See Bray v. Alexandria Women's Health Clinic, 506 U.S. 263, 267-68 (1993) (to state a claim under § 1985(3), "a plaintiff must show, inter alia, . . . that 'some racial, or perhaps otherwise class-based, invidiously discriminatory animus [lay] behind the conspirators' action'" (alteration in original...

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