Opinion
No. 11-15794 D.C. No. 4:08-cv-00009-FRZ-JCG
12-19-2012
ARMANDO VALLES, a married man; GREGORY VEGA, a single man; JAVIER TERAN, husband; SANDRA TERAN, wife; TDI INTERNATIONAL INCORPORATED, an Arizona corporation; T.F. ROBERTSON COMPANIES INCORPORATED, an Arizona corporation; JOHN HARRIS, husband; PATRICIA HARRIS, wife; MARVIN GRENDAHL, husband; DEBORAH GRENDAHL, wife; REUBEN GRINSTEIN, husband; MAXINE GRINSTEIN, wife; RAMON ESCOBOZA, husband; FELICIA ESCOBOZA, wife; STUART R. ENGS, Trustee of the Stuart R. and Jane N. Engs Family Trust; JANE N. ENGS, Trustee of the Stuart R. and Jane N. Engs Family Trust; BASSEEM CHALLANGOE, husband; REEM CHALLANGOE, wife; HADEEL ARENY, Trustee of the Hadeel Areny trust; JORGE ALVAREZ, a single man; MARK ARELLANO, husband; LORENA ARELLANO, wife; ISMAT AWDISH, husband AKA Luke Awdish; HALLA AWDISH, wife, Plaintiffs - Appellants, v. COUNTY OF PIMA, a political subdivision of the State of Arizona, Defendant - Appellee.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Frank R. Zapata, Senior District Judge, Presiding
Submitted December 5, 2012
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
--------
San Francisco, California
Before: O'SCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges.
Valles et al. ("Lot Owners") appeal from the district court's grant of summary judgment for the County of Pima ("the County") on their claims under 42 U.S.C. § 1983 and state law. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
The Lot Owners raised four claims: promissory estoppel, substantive due process, Fifth Amendment taking, and negligence. The district court correctly granted summary judgment to the County on each of these claims. The Lot Owners cannot establish promissory estoppel because the County made no promise to them which they could have reasonably relied upon. Chewning v. Palmer, 650 P.2d 438, 440 (Ariz. 1982). The County took no action which could support a substantive due process claim. See Shanks v. Dressel, 540 F.3d 1082, 1087 (9th Cir. 2008) ("'failure-to-protect' and 'failure-to-enforce' allegations do not suffice" as substantive due process claims). Similarly, the County took no regulatory action which could support a takings claim. See Penn Central Transp. Co. v. City of New York, 438 U.S. 104, 130 (1978) (evaluating when a particular government action constitutes a taking). Finally, the Lot Owners cannot prevail on their negligence claims, since the County and County officials are protected by Arizona's qualified immunity statute. Ariz. Rev. Stat. § 12-820.02. The County has established that its employees were not grossly negligent. See Walls v. Ariz. Dep't of Public Safety, 826 P.2d 1217, 1221 (Ariz. Ct. App. 1991).
AFFIRMED.