Narrative Opinion Summary
Ventura Group Ventures, Inc. (VGV) appeals the summary judgment granted to the State of California regarding allegations of inadequate compensation for a taking. The district court dismissed the case, ruling that takings claims must be filed under 42 U.S.C. § 1983, which cannot be utilized against the State since it is not considered a “person” under the statute. The court affirms the dismissal, reiterating that litigants asserting violations of constitutional rights must proceed under § 1983, as established in prior cases such as Azul-Pacifico, Inc. v. City of Los Angeles and Golden Gate Hotel Ass’n v. City and County of San Francisco. Additionally, it confirms that states are not subject to lawsuits under § 1983, citing Will v. Mich. Dep’t of State Police. The ruling is in line with established Supreme Court precedent and the circuit's prior decisions. The disposition is not intended for publication and cannot be cited in this circuit except under specific rules.
Legal Issues Addressed
Non-Publication of Judicial Dispositionssubscribe to see similar legal issues
Application: The disposition of this case is designated as not intended for publication and cannot be cited in this circuit except under specific rules.
Reasoning: The disposition is not intended for publication and cannot be cited in this circuit except under specific rules.
Requirement to Proceed Under § 1983 for Constitutional Claimssubscribe to see similar legal issues
Application: Litigants asserting violations of constitutional rights are required to file claims under § 1983, as reinforced by prior case law.
Reasoning: The court affirms the dismissal, reiterating that litigants asserting violations of constitutional rights must proceed under § 1983, as established in prior cases such as Azul-Pacifico, Inc. v. City of Los Angeles and Golden Gate Hotel Ass’n v. City and County of San Francisco.
State Immunity from § 1983 Lawsuitssubscribe to see similar legal issues
Application: The court confirms that states are immune from lawsuits under § 1983, adhering to Supreme Court precedent.
Reasoning: Additionally, it confirms that states are not subject to lawsuits under § 1983, citing Will v. Mich. Dep’t of State Police.
Takings Claims Under 42 U.S.C. § 1983subscribe to see similar legal issues
Application: The court ruled that takings claims must be filed under 42 U.S.C. § 1983, but such claims cannot be brought against the State because it is not considered a 'person' under the statute.
Reasoning: The district court dismissed the case, ruling that takings claims must be filed under 42 U.S.C. § 1983, which cannot be utilized against the State since it is not considered a 'person' under the statute.