Sergei Portnoy v. City of Woodland

MEMORANDUM

Sergei Portnoy appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging civil rights violations in connection with his arrest. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Holcombe v. Hosmer, 477 F.3d 1094, 1097 (9th Cir.2007). We affirm.

The district court properly dismissed the claims against the district attorney who made the decision to prosecute Portnoy because that decision is protected under the doctrine of absolute prosecutorial immunity. See Kalina v. Fletcher, 522 U.S. 118, 129 , 118 S.Ct. 502 , 139 L.Ed.2d 471 (1997)

The district court properly dismissed the Fourth Amendment claims that police officers lacked probable cause to arrest Portnoy because the record establishes that he had a full and fair opportunity to litigate that issue at his preliminary hearing; consequently he is collaterally es-topped from re-litigating this issue in a subsequent action. See Haupt v. Dillard, 17 F.3d 285, 288-90 (9th Cir.1994) (concluding that a full and fair opportunity to litigate probable cause to arrest at preliminary hearing in a criminal case collaterally estops re-litigation of that issue in a subsequent…