MORROW v. 100 (2018)

MEMORANDUM **

Floyd L. Morrow and Marlene Morrow appeal from the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging an equal protection claim. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Davis v. City of Las Vegas, 478 F.3d 1048, 1053 (9th Cir. 2007). We affirm.

The district court properly granted summary judgment because the Morrows failed to raise a genuine dispute of material fact as to whether defendant’s actions did not have a rational relationship to a legitimate state interest, or whether it had a discriminatory effect or purpose. See Lacey v. Maricopa County, 693 F.3d 896, 920 (9th Cir. 2012) (to succeed on a selective enforcement claim under the Equal Protection Clause of the Fourteenth Amendment, “a plaintiff must demonstrate that enforcement had a discriminatory effect and [that those enforcing the statute] were motivated by a discriminatory purpose.” (internal quotation marks omitted) ); Lockary v. Kayfetz, 917 F.2d 1150, 1155 (9th Cir. 1990) (a law that does not implicate a fundamental right or suspect classification need only some rational relationship to a legitimate state interest).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.