Braden

Braden v. County of Lake

Good Law
25 F. App'x 513
United States Court of Appeals for the Ninth CircuitNovember 21, 2001No. 00-15529. D.C. No. CV-99-00892-SBA/JJLCalifornia1,177 words

Opinion

Lead Opinion

MEMORANDUM *

Tom Braden (“Braden”) appeals the district court’s grant of summary judgment dismissing his 42 U.S.C. § 1983 claims against the County of Lake, three county employees, three employees of the Lake County Sheriffs Department, Sheriff Rodney Mitchell, and Last Mile Auto Dismantles. Braden challenges the district court’s determinations that the abated vehicles in question were not located within the curtilage of Braden’s residence, and that the warrantless seizures were reasonable. Braden also challenges the court’s holding that the complaint failed to allege a wrongful arrest or excessive force claim, the court’s denial of his motion to amend, and the court’s finding that Braden was not deprived of due process of law. We review de novo the district court’s grant of summary judgment. See Botosan v. Paul McNally Realty, 216 F.3d 827, 829 (9th Cir.2000). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

1. The Area Surrounding Braden’s Home was Not Curtilage

A review of the curtilage factors delineated in United States v. Dunn, 480 U.S. 294, 300-01 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987), reveals that the district court properly determined that the area…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.