Charles Vavrus v. Joseph Russo

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 04-14790 ELEVENTH CIRCUIT Non-Argument Calendar MAY 10, 2005 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 01-08837-CV-KLR CHARLES VAVRUS, Plaintiff-Appellant, versus JOSEPH RUSSO, MARK HENDRICKSON, et al., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ ( May 10, 2005 ) Before CARNES, MARCUS and COX, Circuit Judges. PER CURIAM: Charles Vavrus filed this civil action against the City of Palm Beach Gardens and various officials of the City. The amended complaint asserts three claims under 42 U.S.C. § 1983: (1) an Equal Protection claim; (2) a substantive due process claim; and (3) a conspiracy claim grounded in the two substantive claims. The district court granted the defendants summary judgment on the merits on all three claims. Vavrus appeals, contending that the court erroneously granted summary judgment on each claim. The district court's detailed opinion concludes that the Equal Protection claims lack merit because the Plaintiff produced no evidence that he was treated differently from similarly situated persons. (R.1-176 at 27-29.) We find no reversible error in that determination. We also agree that the substantive due process claims lack merit, and find no reversible error in the district court's determination that the claims are meritless. (Id. at 29-31.) And, the conspiracy claims were properly dismissed because they were grounded in substantive constitutional claims that are meritless. AFFIRMED. 2