Zakiya Vaughn v. United States Government (Fbi)

FILED
NOT FOR PUBLICATION JAN 05 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ZAKIYA VAUGHN, et al., No. 08-17226
Plaintiff - Appellant, D.C. No. 2:07-cv-01119-LKK-
KJM
v.
SACRAMENTO CITY POLICE, MEMORANDUM *
Defendant - Appellee.
Appeal from the United States District Court
for the Eastern District of California
Lawrence K. Karlton, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
EN/Research
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.
EN/Research 2 08-17226