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Azam v. Contra Costa Times

Citation: 182 F. App'x 695Docket: No. 05-16326; D.C. No. CV-05-00494-MHP

Court: Court of Appeals for the Ninth Circuit; May 23, 2006; Federal Appellate Court

Narrative Opinion Summary

Zameer R. Azam, a California state prisoner, appeals the dismissal of his 42 U.S.C. § 1983 action against the Contra Costa Times for allegedly publishing libelous statements that accused him of felonious acts. The district court dismissed the case for failure to state a claim. The appellate court reviews such dismissals de novo. The dismissal was affirmed because Azam did not demonstrate that the newspaper's actions violated any constitutional rights. The court referenced prior case law indicating that allegations of defamation alone do not constitute a valid § 1983 claim. Additionally, Azam's requests for judicial notice of materials related to his criminal proceedings were denied. The court noted that this disposition is not suitable for publication and cannot be cited in future cases within the circuit.

Legal Issues Addressed

Denial of Judicial Notice

Application: Azam's requests for judicial notice of materials related to his criminal proceedings were denied by the court.

Reasoning: Additionally, Azam's requests for judicial notice of materials related to his criminal proceedings were denied.

Non-Publication of Disposition

Application: The court noted that the disposition is not suitable for publication and cannot be cited in future cases within the circuit.

Reasoning: The court noted that this disposition is not suitable for publication and cannot be cited in future cases within the circuit.

Section 1983 Claims and Defamation

Application: The court reaffirmed that defamation by itself does not constitute a violation of constitutional rights under 42 U.S.C. § 1983.

Reasoning: The dismissal was affirmed because Azam did not demonstrate that the newspaper's actions violated any constitutional rights. The court referenced prior case law indicating that allegations of defamation alone do not constitute a valid § 1983 claim.

Standard of Review for Dismissals

Application: The appellate court conducted a de novo review of the district court's dismissal for failure to state a claim.

Reasoning: The appellate court reviews such dismissals de novo.