Lia Lingo v. City of Salem

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LIA MARIE LINGO; V. R. S., a No. 14-35344 minor child (age 13), through Guardian Ad Litem, Lia Marie D.C. No. Lingo; J. P. L., a minor child (age 6:12-cv-01019-MC 9), through Guardian Ad Litem, Lia Marie Lingo, Plaintiffs-Appellants, OPINION

v.

CITY OF SALEM, a municipality; STEVEN ELMORE, Salem Police Officer in his individual capacity and as a police official for Salem; JUSTIN CARNEY, Salem Police Corporal in his individual capacity and as a police official for Salem, Defendants-Appellees.

Appeal from the United States District Court for the District of Oregon Michael J. McShane, District Judge, Presiding

Argued and Submitted April 8, 2016 Eugene, Oregon

Filed June 27, 2016 Before: Alfred T. Goodwin, Diarmuid F. O’Scannlain, and Edward Leavy, Circuit Judges.

Opinion by Judge O’Scannlain

SUMMARY*

Civil Rights

The panel affirmed the district court’s summary judgment in favor of police officers in an action brought under 42 U.S.C. § 1983 alleging that the officers falsely arrested plaintiff without probable cause after unlawfully entering the curtilage of…