Warne Young v. County of Hawaii

Good Law
578 F. App'x 728
United States Court of Appeals for the Ninth CircuitJune 16, 201413-16226California617 words

Opinion

Opinion

MEMORANDUM

Warne Keahi Young appeals from a district court judgment, granting summary judgment against him on his 42 U.S.C. § 1983 claims and declining to exercise supplemental jurisdiction over his state-law claims. Young alleged that the Hawaii Island Humane Society (HIHS) and its employees (collectively, the HIHS defendants) violated his constitutional rights by seizing — pursuant to a judicial warrant— seventeen dogs from his residence and by accepting the legal transfer of the dogs after Young’s mother presented a notarized power of attorney (POA) from Young. Young also appeals the district court’s grant of summary judgment to Michael Ostendorp on Young’s § 1983 claim that Ostendorp, Young’s attorney, conspired with HIHS officials to violate his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. The district court did not err in granting summary judgment to the HIHS defendants. The Fourth Amendment’s prohibition against unreasonable seizures is not violated if a government official’s conduct is objectively reasonable under the circumstances. Hill v. California, 401 U.S. 797, 803-04 , 91 S.Ct. 1106 , 28 L.Ed.2d 484 (1971). The HIHS defendants…

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