Tyler McDonald v. City of Tacoma

MEMORANDUM

Tyler R. McDonald appeals the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that Sergeant Darren Kelly committed an improper warrant-less entry and used excessive force against him in violation of the Fourth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . On de novo review, Sheehan v. City and Cnty. of San Francisco, 743 F.3d 1211, 1220 (9th Cir.2014), we affirm.

The district court properly granted summary judgment on McDonald’s war-rantless entry claim because McDonald failed to raise a genuine dispute of material fact as to whether he had a reasonable expectation of privacy in the residence where he was found. See Minnesota v. Carter, 525 U.S. 83, 90 , 119 S.Ct. 469 , 142 L.Ed.2d 373 (1998) (“[A]n overnight guest in a home may claim the protection of the Fourth Amendment, but one who is merely present with the consent of the householder may not.”). Moreover, exigent circumstances justified Sergeant Kelly’s warrantless entry into the residence. See Sheehan, 743 F.3d at 1221 (explaining the exigency exception to the warrant requirement).

The district court properly granted summary judgment on McDonald’s excessive force claim…