Zakiya VAUGHN, et al., Plaintiff-Appellant, v. SACRAMENTO CITY POLICE, Defendant-Appellee, 361 F. App'x 756

MEMORANDUM 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 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. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.