Michael Spreadbury v. Chris Hoffman
Opinion
Opinion
MEMORANDUM
Michael E. Spreadbury appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal and state law claims arising from his prosecution for misdemeanor criminal assault related to an ongoing dispute with two neighbors. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii), Barren v. Hamngton, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.
The district court properly dismissed Spreadbury’s § 1983 damages claims against the prosecutors and intern involved in his prosecution, and the judge who presided over his trial, based on pros-ecutorial immunity, prosecutorial discretion, and judicial immunity. See Imbler v. Pachtman, 424 U.S. 409, 430 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976) (prosecutors absolutely immune for conduct “intimately associated” with the judicial phase of the criminal process); Nunes v. Ramirez-Palmer, 485 F.3d 432, 441 (9th Cir.2007) (prosecutors allowed some selectivity in prosecutions); Simmons v. Sacramento Cnty. Superior Court, 318 F.3d 1156, 1161 (9th Cir.2003) (judges absolutely immune for their judicial acts).