Gocken v. City of Auburn

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Victor G. GOCKEN, Plaintiff-Appellant, v. CITY OF AUBURN; Auburn Police Department; Jake Evans, Chief of Police, A.P.D.; Wilard Lathrop, Detective, A.P.D.; Robert Phillips, Id Tech., A.P.D.; et al., Defendants-Appellees. No. 93-35752. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 7, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Victor G. Gocken, a Washington state prisoner, appeals pro se the district court's grant of summary judgment for the City of Auburn and several individual police officers in his 42 U.S.C. Sec. 1983 action. Gocken alleged that he was subjected to unreasonable search and seizure, and deprived of personal property without due process in the investigation leading to his 1991 first-degree murder conviction. Gocken contends the district court erred by: (1) finding that his Fourth Amendment claim was barred by collateral…