LAW.coLAW.co

Frank KONARSKI, et al., Plaintiffs-Appellants, v. Adolph VALFIRE, Jr., Administrator Housing Assistance Programs Community Service Department Section 8 Housing Tucson Arizona 85726-7210, et al., Defendants-Appellees, and Susan Gaffney, Inspector General Department of Housing and Urban Development 451 7th Street, SW Room 8256 WA DC 20410, et al., Defendants

United States Court of Appeals for the Ninth Circuit2003-06-13No. No. 02-16988; D.C. No. CV-01-00503-DCB
67 F. App'x 458

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Frank, Gabriela, John Frank, Patricia and Frank Edward Konarski (“the Konarskis”) appeal the district court’s grant of summary judgment in favor of various public housing officials in their civil rights action. The Konarskis alleged that their due process rights were violated when the defendants refused to initiate any new Section 8 housing contracts, or renew any existing Section 8 housing contracts, for apartments owned and leased to Section 8 tenants. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, see Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002) and we affirm.

The Konarskis concede that they failed to “set forth specific facts showing that there is a genuine issue for trial,” in response to defendants’ motion for summary judgment. Accordingly, summary judgment was proper. See Fed.R.Civ.P. 56(e); see also Celotex Corp. v. Catrell, 477 U.S. 317, 322-27, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. The Appellees originally named in this case were Susan Gaffney, United States Housing & Urban Development (HUD) Inspector; Adolph Valfre, City of Tucson Housing Administrator; Sharon Atwell, Sr. Community HUD Builder; and James Keene, City of Tucson Manager. Gaffney and Atwell were later dismissed from the suit.