Ralph Johnson Charlene Johnson v. Bruce McDermott Jim Nelson City of Visalia Melinda Reed Phillip S. Cline County of Tulare

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ralph JOHNSON; Charlene Johnson, Plaintiffs-Appellants, v. Bruce McDERMOTT; Jim Nelson; City of Visalia; Melinda Reed; Phillip S. Cline; County of Tulare, Defendants-Appellees. No. 94-16055. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1995. * Decided Nov. 30, 1995. Before: NORRIS, BEEZER, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiffs have failed to state a constitutional deprivation and, therefore, the district court's dismissal of their Sec. 1983 action is affirmed. 3 * Sec. 1983 Action A. Applicability of Fed.R.Crim.P. 41 4 The search in this case was conducted by state officers, with a warrant issued by a state judge, with no federal involvement. Therefore, Fed.Rule.Crim.P. 41 did not apply. Instead, the officers' search was governed by state law and rules, provided that the state rules did not violate federal constitutional principles. 5 B. Right to Be Provided with Copy of…