David Martin v. County of San Diego

MEMORANDUM

David Martin appeals from a judgment entered by the district court in favor of the County of San Diego and Roland Maus, a San Diego County Sheriffs Detective, on Martin’s 42 U.S.C. § 1983 and related state law claims.

Martin’s complaint alleged that Maus violated the Fourth Amendment by submitting a misleading affidavit in support of a search warrant. This court vacated a summary judgment previously entered in favor of the County and Maus, holding that the omission of four facts from the search warrant affidavit prevented summary disposition of the § 1983 claims. Martin v. County of San Diego, No. 06-56537, — Fed.Appx.-,-, 2009 WL 631356 , at *1-2 (9th Cir. Mar. 12, 2009) (mem.).

On remand, the district court again granted summary judgment to the County on Martin’s § 1983 claims, finding that the County neither ratified nor was otherwise responsible for Maus’ alleged conduct. The remaining claims were tried to a jury, which issued a verdict rejecting the § 1983 and state law claims against Maus and the remaining state law claims against the County.

On appeal, Maus challenges only the adverse § 1983 judgments. We have jurisdiction under 28 U.S.C. § 1291 , and we…