James Battle, Jr. v. Alan Baalaer

MEMORANDUM

James Arthur Battle, Jr., appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging Fourth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Battle’s claims alleging unlawful search and seizure because Battle failed to raise a genuine dispute of material fact as to whether defendants lacked reasonable suspicion to justify their actions or whether defendants’ actions implicated the Fourth Amendment. See United States v. Washington, 490 F.3d 765, 769-70 (9th Cir.2007) (discussing when an encounter with law enforcement implicates the Fourth Amendment); Gallegos v. City of Los Angeles, 308 F.3d 987, 990 (9th Cir.2002) (“[T]he Fourth Amendment allows police to conduct a brief, investigatory search or seizure, so long as they have a reasonable, articulable suspicion that justifies their actions.”).

The district court properly granted summary judgment on Battle’s claims alleging unlawful arrest because Battle failed raise a genuine dispute of material fact as to whether the…