Curiel

Curiel v. the County of Contra Costa

Good Law
362 F. App'x 824
United States Court of Appeals for the Ninth CircuitJanuary 21, 201007-17233California3,286 words

Opinion

Opinion

MEMORANDUM

Appellants are members of two families present when fourteen deputies from the County of Contra Costa entered and searched their house for murder suspect, Seott Dyleski. Appellants sued for Fourth Amendment violations stemming from the deputies’ warrantless, unannounced entry into their home, the force used in that entry, and the subsequent 13-hour detention and questioning. The district court granted the County and Sheriffs Department employees’ (collectively “Appellees”) motion for summary judgment, finding that, because no constitutional violations occurred, Appellees were entitled to federal immunity and the County could not be liable under Monell. That lack of constitutional violations also led the district court to grant summary judgment as to Appellants’ state law claims. Appellants challenge the decision, and this court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part and reverse and remand in part.

I.

Scott Dyleski and Robin Croen, sixteen-year-old friends, concocted a plan to steal credit card information and use those stolen numbers to purchase equipment to grow marijuana in Dyleski’s closet. Dyle-ski lived in a house on Hunsaker Canyon…

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