Khachatourian v. Hacienda La Puente Unified School District

MEMORANDUM

Plaintiff-Appellant Vahe Khachatourian sued Defendants-Appellees Maureen Scanlon, Robert Casper, Fernando Sanchez, Daniel Monarrez, William Roberts, and Robert Barba under 42 U.S.C. § 1983 , claiming that they violated his Fourth and Fifth Amendment rights. The district court granted summary judgment in favor of Defendants, and Khachatourian appealed.

We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment, Cameron v. Craig, 718 F.3d 1012, 1018 (9th Cir.2013), and we affirm.

I. Fourth Amendment

To show a Fourth Amendment violation, Khachatourian has to demonstrate a reasonable expectation of privacy in the area searched. See United States v. SDI Future Health, Inc., 568 F.3d 684, 695 (9th Cir.2009). Viewing the evidence in the light most favorable to Khachatourian, it could be found that he had a subjective expectation of privacy in his classroom and desk drawers therein. Expectations of privacy, however, are not reasonable where an employee is on notice “that searches of the type to which he was subjected might occur from time to time for work-related purposes.” Schowengerdt v. Gen. Dynamics Corp., 823 F.2d…