Opinion · Court of Appeals for the Ninth Circuit
Azul-Pacifico, Inc. v. City of Los Angeles, Azul-Pacifico, Inc. v. City of Los Angeles
973 F.2d 704
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1992-07-23
- Topic
- general
holding that a takings plaintiff has “no cause of action directly under the United States Constitution” | holding that a takings plaintiff has “no cause of action directly under the United States Constitution” | holding that a takings plaintiff has “no cause of action directly under the United States Constitution” | concluding that a plaintiff “complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983” where § 1983 “was available . . . but plaintiff failed to file its complaint within the applicable limitations period” | stating that a “litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983” | stating that a “litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983” | holding plaintiff had no direct right of action under Constitution and was required to have asserted claim for constitutional violation through § 1983 | stating that there is “no cause of action directly under the United States Constitution” and thus “a litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983” | explaining that there is “no cause of action directly under the United States Constitution . . . a litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983.” | dismissing appeal for lack of subject matter jurisdiction where federal takings claim was not brought under § 1983 | finding plaintiff had “no cause of action directly under the United States 7 || Constitution.” | dismissing appeal for lack of subject matter jurisdiction where federal takings claim was not brought under § 1983 | “[A] litigant complaining of a 11 violation of a constitutional right must utilize 42 U.S.C. § 1983.” | “[L]itigant[s] 23 complaining of a violation of constitutional rights must utilize 42 U.S.C. § 1983.” | “a litigant complaining of a violation of a 24 constitutional right must utilize 42 U.S.C. § 1983” | “Plaintiff has no cause of action directly under the United States Constitution …. [A] litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983.” (citing cases) | “Plaintiff has no cause of 3 action directly under the United States Constitution. . . . [A] litigant complaining of a 4 violation of a constitutional right must utilize 42 U.S.C. § 1983.” | “Plaintiff has no cause of action directly under the United States Constitution. We have previously held that a litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983.” | “Plaintiff has no cause of action directly under the United States Constitution. . . . [A] litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983.” (citing cases) | “Plaintiff has no cause of action directly under the United States Constitution. We have previously held that a litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983.” | “Plaintiff has no cause of action directly under the United States Constitution. We have previously held that a litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983.” | “Plaintiff has no cause of action directly under the United States Constitution. We have previously held that a litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983.” | “Plaintiff has no cause of action directly under the United States Constitution. We have previously held that a litigant complaining of a violation of a constitutional right must utilize 42 U.S.C. § 1983.” | “Plaintiff has no cause of action directly 2 under the United States Constitution.” | “Plaintiff has no cause 19 of action directly under the United States Constitution.” | “Plaintiff has no cause of action directly 13 under the United States Constitution.” | “[A] litigant complaining of a constitutional right must utilize 42 U.S.C. § 1983.” | “Plaintiff has no cause of action directly 6 under the United Sta
Citator
- Cited by
- 72 opinions
[3] Plaintiff has no cause of action directly under the United States Constitution. We have previously held that a litigant complaining of a violation of a constitutional right must utilize42 U.S.C. § 1983.See, e.g., Bretz v. Kelman,722 F.2d 503(9th Cir. 1983),vacated on other grounds,773 F.2d 1026(1985) (en banc);Ward v. Caulk,650 F.2d 1144(9th Cir. 1981).Cf. Molinav. Richardson,578 F.2d 846(9th Cir.),cert. denied,439 U.S. 1048, 99 S.Ct. 724, 58 L.Ed.2d 707 (1978).See also, e.g.,Thomas v. Shipka,818 F.2d 496(6th Cir. 1987);Hunt v. RobesonCounty Dept. of Social Serv.,816 F.2d 150(4th Cir. 1987);Morris v. Metropolitan Area Transit Auth.,702 F.2d 1037(D.C.Cir. 1983);Beineman v. City of Chicago,662 F. Supp. 1297(N.D.Ill. 1987),appeal dismissed,838 F.2d 962(7th Cir. 1988). Section 1983 was available to Azul, but plaintiff failed to file its complaint within the applicable limitations period.
[4] Even were we to allow Azul to pursue such a "direct" Constitutional claim it would also be barred by the statute of limitations. The cause of action accrued when the ordinance at issue here was enacted.De Anza Properties X, Ltd. v. Santa CruzCounty,936 F.2d 1084, 1085 (9th Cir. 1991). Azul should have filed its complaint within three years of the May 1982 date of enactment or within one year of the Supreme Court's decision inWilson v. Garcia,471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985).See Usher v. Los Angeles,828 F.2d 556, 561 (9th Cir. 1987). The limitations period under those alternatives expired in May 1985.1Azul did not file its complaint until April 1987.
[5] Accordingly, the judgment of the district court is VACATED and this appeal is DISMISSED because the federal courts do not have subject matter jurisdiction over Azul's complaint.
- Wilsonwas decided in April 1985. ↩