Geri Manning v. Andrew Basey

Good Law
541 F. App'x 742
United States Court of Appeals for the Ninth CircuitAugust 15, 201312-55669California1,095 words

Opinion

Opinion

MEMORANDUM

Geri Manning appeals pro se from a jury verdict and the district court’s summary judgment in her 42 U.S.C. § 1983 action alleging various violations of federal law in connection with two separate arrests and against four defendants, Los Angeles County Sheriffs Deputies Scott Harper (“Harper”), Robert Payne (“Payne”), Robin Soukup (“Soukup”), and Andrew Basey (“Basey”). We have jurisdiction over the district court’s orders under 28 U.S.C. § 1291 , and affirm.

Even assuming Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), does not bar Manning’s Fourth Amendment or equal protection claims against Harper and Payne, the district court properly granted summary judgment on both claims. Summary judgment was proper on Manning’s Fourth Amendment claim because an arrest based on a facially valid warrant is insufficient for such a claim. Baker v. McCollan, 443 U.S. 137, 143-44 , 99 S.Ct. 2689 , 61 L.Ed.2d 433 (1979) (generally no constitutional violation for arrest based on facially valid warrant despite protests of innocence). Summary judgment was also proper on Manning’s equal protection claim because she failed to raise a genuine issue of material fact…

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